Registering a trademark / company logo / exclusive brand to establish the owner’s intellectual property rights with his or her brand logo, which is a legal basis to protect interests when a trademark logo dispute occurs. There are many issues related to this field that the law proposes to the concerned individuals to comply. So about the matter “Application for registration of exclusive trademark logo in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Law on Intellectual Property 2005
Stages for trademark registration
Due to the specificity of the trademark registration procedure, the time to grant a diploma (return results) is quite long compared to some other licensing and administrative procedures.
Example: Time limit for granting Copyright Registration Certificate, Related Rights Registration Certificate as prescribed in Article 52 Time limit for granting Copyright Registration Certificate, Related Rights Registration Certificate of the Intellectual Property Law amended and supplemented in 2009 is 15 working days from the date of receipt of a valid application.
Meanwhile, the time to grant a trademark protection title according to the provisions of the Intellectual Property Law is 9 months, of which it takes 3 stages before the Applicant (Customer) receives the results.
Four stages to carry out the trademark registration procedure:
Stage 1: Formal acceptance stage.
When the Application Owner (Customer) submits an application, within 1 month from the date of application, the application is examined for formality, that is, at that time the Applicant receives the Decision to accept the form of the submitted application. (Based on Article 119. Time limit for processing industrial property registration applications of the 2005 Intellectual Property Law, amended and supplemented in 2009).
Stage 2: Posting and announcing the application.
When the application owner receives the decision to accept the form of the application, within 2 months from the date of accepting that valid application, the filed trademark registration application shall be published in the Industrial Property Official Gazette (based on the according to Article 110. Publication of industrial property registration applications of the 2005 Intellectual Property Law, amended and supplemented in 2009).
Stage 3: Content appraisal phase.
When the Application Owner’s (Customer) Application Form is published in the Official Gazette of the National Office of Intellectual Property, the time period for substantive examination of the Application Application is not more than 09 months from the date of publication of the application.
Stage 4: Diploma stage.
At the end of the appraisal process, the NOIP will notify the applicant, the applicant’s representative of the application’s grant of a diploma, as shown in the Notice of grant of a diploma, enclosed with the amount of fees and charges to grant a diploma to the scope of the application filed by the applicant.
The period takes place within 01 month from the date of diploma issuance.
Note: The time limit for settlement of the above-mentioned trademark application does not include the time for the applicant to amend and supplement the application. When there is a request to amend and supplement the application, the time limit for examining these requests shall not exceed 1/3 of the examination period of each stage.
Thus, according to the usual regulations, the time to be granted a diploma is about 12 months according to the provisions of the Law. However, the actual time period may be prolonged due to the following reasons: the first stage of the application’s form has not been passed, the application has not been formally accepted immediately after submission and it is necessary to supplement or correct the submissions of the application to be accepted form; stage 3 in the process of substantive examination arising objections to the application, and counter-arguments and responses to the application to defend the original registration position; at the same time, the reason, the large number of applications, the backlog and complexity of the applications, the change in the work assignment, the rotation of the ministries in the NOIP leads to real time. Diplomas (Results of Administrative Procedures) may take longer than expected.
However, it is especially important to note that: The validity period of the diploma (result) is calculated from the priority date (date of first application). For that reason, it is extremely important to perform step 1 – trademark search, to determine the distinctiveness of the mark. This helps save costs, and is more assured that after the waiting period, the Client (Applicant) will usually receive the expected results right from the time of submitting the application or at least the same as expected. Expectations of the Customer (Applicant Owner) or and knowing in advance the advantages and disadvantages of whether or not his original brand, idea or intention is feasible or not.
Application for registration of exclusive trademark logo in Vietnam
A dossier of a trademark registration application must include the following documents:
+ A declaration of request for a certificate of trademark registration (Declaration, made according to the Form issued by the National Office of Intellectual Property;
+ Regulations on the use of the mark, if the mark claimed for protection is a collective mark;
+ Sample trademark;
+ Documents confirming the legal right to file, if the applicant enjoys the right to file another person’s application (Inheritance Certificate, Certificate or Agreement on transfer of the right to file an application, including already filed application, Job assignment contract) or Labor contract,…);
+ Power of attorney, if necessary;
+ A copy of the first application or the Certificate of exhibition, if the application contains a request for priority right under the international treaty, including one (1) copy;
+ Documents certifying the origin, awards, medals, if the labels contain such information;
+ Proof of payment of application fee.
+ Original Power of Attorney;
+ A copy of the first application or the Certificate of exhibition, if the application contains a request for priority rights under the international treaty, including a translation into Vietnamese.
– The description of the mark in the declaration must clarify the distinctiveness of the mark, in which each constitutive element of the mark and the overall meaning of the mark must be clearly indicated. If the mark contains a word that is not in Vietnamese, the pronunciation (transliterated into Vietnamese) must be clearly stated and if the word has meaning, the meaning must be translated into Vietnamese.
– If the words and words claimed for protection are presented in graphic form as distinguishing elements of the mark, the graphic form of such words and words must be described.
– If the mark contains numerals other than Arabic numerals or Roman numerals, it must be translated into Arabic numerals.
– If the mark consists of many separate parts but is used simultaneously on a product, the location of each part of that mark must be clearly stated on the product or product packaging.
– The list of goods and services bearing the mark in the Declaration must conform to the subheading according to the International Classification of Goods and Services (Nis 9).
– Samples of marks attached to the Declaration as well as other trademark samples are clearly presented with dimensions not exceeding the size (80 x 80) mm, and the distance between the two closest points must not be less than 15 mm.
– If color protection is required, then the Trademark Template must be presented in the correct color to be protected.
– If color protection is not claimed, all Trademark Samples must be presented in black and white.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Application for registration of exclusive trademark logo in Vietnam”
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Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Application for registration of exclusive trademark logo in Vietnam” At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
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Frequently asked questions
The process of registering an exclusive brand logo includes the following steps:
1/ Prepare data and information:
Image of logo, trademark or brand name you want to register for protection
Product area that the brand wants to register for protection
Owner’s information: company name (or individual) / legal representative / registered phone number.
2/ Submit an application for registration of an exclusive brand logo at the National Office of Intellectual Property:
Look up and evaluate the registrability of the brand logo: Customers send the trademark (soft file) with the list of products/services to protect the trademark to C.A.O for a preliminary lookup (free of charge) to know. whether the mark intended to be registered is identical or confusing, and on that basis advises and evaluates the registrability of the mark.
After searching and concluding that the mark is registrable, a trademark registration dossier will be prepared including the following:
– Declaration of registration of trademark logo (C.A.O provides sample)
– Sample of registered trademark (logo soft file)
According to regulations and operational practices, it can be found that the registration of an exclusive brand logo is refused protection when falling into the following cases:
Use the administrative name of a country to register your product or service.
Use the personal names of cultural celebrities and famous people to make their own brands.
Using names of geographical indications as trademarks without consent or without any connection.
Some trademark samples cause confusion in terms of images, syllables and word structure of the mark wanted to be registered with those that have been granted trademark registration certificates.
Formal assessment within 1-2 months; from the date of application;
Publish application within 02 months; from the date of accepting the valid application;
Review content within 9-12 months; from the date the trademark application is published;
Grant protection title within 1 month.
The term of trademark protection is 10 years; renewed several times in a row.
Conclusion: So the above is Application for registration of exclusive trademark logo in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
