Experience of logo registration in Vietnam that you should know

Linh Gia July 3, 2022

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Posts : Experience of logo registration in Vietnam that you should know In the section LSX Lawfirm

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When you want to protect your logo by law, first of all, individuals and organizations need to register their logo. However, many people are still confused about registering the logo. Today, LSX Lawfirm will give you an article about “Experience of logo registration in Vietnam that you should know”, as follows:

Legal grounds

Intellectual property law

What is logo protection registration?

Logo protection registration means that the logo owner carries out legal procedures for the competent state agency to recognize his/her logo ownership through registration.

Registering for logo protection helps owners feel completely secure in the branding process, avoiding intellectual property infringement from other owners. When there is a dispute, the registered logo will be protected by intellectual property law.

What are the benefits of logo registration?

Logo registration is essential for businesses. The benefits that businesses get when registering for specific logo protection such as:

Firstly, Create a legal foundation to protect your business logo. When registering to create a foundation for the logo to legally recognized, protected by law, and avoid infringements.
Secondly, Build trust with customers. The certification of the state agency for the logo in any respect is valuable to strengthen the trust of customers in the brand of the enterprise, thereby, helping the business activities of the enterprise to develop more.
Thirdly, Limit confusion about logos with other businesses. With the protection of the law when the logo has been registered to avoid other businesses forging or intentionally using the logo identity of the business. The following registered enterprises, if there is a duplicate of the previously registered logo, will be refused to grant a protection title.
Finally, Create a premise to help businesses attract investment, especially capital from abroad. When your logo is legally protected, you can be assured of developing your business. Brand promotion activities, expanding production and service networks also become easy and attract domestic and foreign investors.

How to register the logo?

Logos under the Intellectual Property Law are subject to intellectual property rights protection in two types:

Visual and applied artworks

A work of applied art a work represented by lines, colors, shapes, and layouts with useful features, which can attached to a useful object, produced manually or industrially such as:: Graphic design (expression of logos, identity systems, and product packaging), fashion design, product styling, interior design, decoration.

Thus, logos can considered applied works of art and protected by copyright.

Brand

A sign used to distinguish the goods and services of different organizations and individuals.

Regarding the level of protection

Firstly, The level of protection for applied artworks is weaker than that of trademarks because only when another enterprise has the same or maximum similarity of the logo, that person will infringed upon copyright.
Secondly, A trademark with only identical or similar signs has infringed. A trademark only protected when the owner registers the mark at the National Office of Intellectual Property according to the principle of belonging to the first applicant. The logo automatically protected when the work completed.
Thirdly, Based on the purpose of using the logo, the owner can choose to register a copyright or register a trademark. Or to ensure the best benefit, you can register for both these procedures.

Some logo registration experiences that you should know

Some experiences when registering a logo at the National Office of Intellectual Property

It is advisable to conduct research before applying

Logo search is an important step in the protection registration process to avoid the logo application returned due to problems with overlapping or confusion with other logos.

Currently, there are two ways to look up to help organizations and individuals check whether their logo is identical or similar to other brands, specifically:

– Method 1: Search the online database of the National Office of Intellectual Property of Vietnam for trademarks

– Method 2: Advanced trademark search

Advanced trademark search understood as the search performed with the “assistance” of experts at the National Office of Intellectual Property of Vietnam.

Should proceed to register for priority rights

Priority when registering a logo understood as the right of an application to have the earliest priority or filing date in the event that many different application owners submit the same or similar logo registration applications for products, identical or similar services, such application shall have the priority right to grant a protection title.

Prepare missing or wrong documents, logo registration documents

Logo registration dossiers must fully and accurately prepared before submitted to the National Office of Intellectual Property. Usually, when submitting the application at the One-Stop Department of the National Office of Intellectual Property, the specialist receiving the application will check and review all the documents. In case the dossier has errors or omissions, the specialist will immediately return the dossier to request the submitter to supplement.

The application includes the following documents:

Firstly, Logo registration declaration;
Secondly, Logo templates;
Thirdly, Fee vouchers;
Finally, Power of attorney for (if any);
And Other relevant documents.

Here, the logo template must meet specific and specific conditions (meet the requirements of both form and content). The information in the declaration must be accurate and match. Pay special attention to the description of the mark in the declaration. Specifically, the distinctiveness of the logo must clarified, such as specifying the constitutive elements and overall meaning of the logo, transliterating non-Vietnamese words, and describing the graphic part of those words if they are. distinguishing factor to protected, stating the exact position of each part of the mark on the product.

Time to register the logo at the National Office of Intellectual Property

Logo registration time will divide into several stages in the process of doing the work and calculated as follows:

+ Prepare documents and submit application: 1-2 days

+ Formal examination of the application: 1-2 months from the date of application

+ Posting in the Industrial Property Official Gazette about the application status: 1 month after the formality examination

+ Substantive examination of the application: 9-12 months

+ Issue a notice of issuance of registration certificate: 1-2 months

Thus, the total time from submitting the application to receiving the registration certificate will be about 12-16 months. However, the actual time will be around 22-28 months (due to a large number of actual applications).

Some experiences when registering a logo at the Copyright Office

Where to apply for copyright registration for logos

It is possible to apply for logo registration directly or authorize an organization or individual to make the application. Or you can even submit an application by mail to one of the following agencies depending on where it is most convenient:

The Copyright Office headquartered in Hanoi;

Representative office of Copyright Office in Ho Chi Minh City or Da Nang city;

Or, if you do not reside in the above-mentioned centrally-affiliated cities, you can also apply for copyright registration at the Department of Culture, Sports, and Tourism at your place of residence or find it most convenient for you.

What is required for logo copyright registration?

To grant a copyright registration certificate for a logo, it is necessary to first prepare a complete set of documents with the following documents:

Declaration of copyright registration for logos according to the form. At this time, the NOIP will consider granting a copyright protection title; to the logo in the form of applied artworks;
02 copies of the logo design template;
Power of attorney, if the applicant is an authorized person;
Documents evidencing the right to file if the applicant enjoys that right of another person due to inheritance, transfer, or inheritance.
After about 15 days, if the registration file is valid, the Copyright Office will grant a copyright protection title for the logo.

Time to register logo copyright at the Copyright Office

Regarding the time for granting a copyright certificate for a logo; according to the provisions of Article 52 of the Intellectual Property Law, it is 15 days. However, the actual registration time is often longer and in the period from 20-30 days (from the date of valid documents).

Attorney’s Logo Protection Registration Service 247

The business market is always a competitive, volatile market. The delay in the logo protection registration process will cause the logo to copy and taken advantage of by competitors. Meanwhile, the logo protection registration process with many procedures, if businesses do it themselves, will face many risks. Using the registration service to protect the Logo of Lawyer 247 will make you feel secure in each stage of implementation:

Advice on the most necessary documents and procedures for the registration of Logo protection.
Consulting the form of registration for logo protection in accordance with the requirements of customers.
Compilation of registration documents; provide customers with the most appropriate and latest forms.
Act as a representative on behalf of customers to submit registration documents, receive and respond to appraisals, and pay fees and charges.
On behalf of the client monitor the processing of records.
Supplement or correct the dossier at the request of the specialist in charge of the application (if any).
Receive all kinds of logo protection registration certificates and hand them over to customers.
Make an appeal against the decision to refuse to grant the certificate (if any). Consulting on handling violations of registered logo rights (if any).

Registration fee for logo protection service of Lawyer 247

Service costs are what customers care about. But, don’t worry, because the price we offer guarantees to be suitable for each specific case. Helping you to save maximum costs when using our services. Please refer to our logo and trademark registration service table

What to do if the logo registration application is returned?

In case the application is returned, it is necessary to respond to and fulfill the requests made by the National Office of Intellectual Property and the Copyright Office or to amend and supplement the application to make it valid. Note that this amendment and supplement must not extend the protection scope beyond the content disclosed in the list of goods and services for the application and must not change the nature of the object stated in the application single.

What are the requirements for a logo application?

In addition to having all the necessary documents, the implementer must also note: The logo template must be described to clarify the constituent elements of the mark and the overall meaning of the mark if any; if the mark contains words or phrases belonging to figurative language, such words and phrases must be transcribed; trademarks containing words and phrases in a foreign language must be translated into Vietnamese.

What are the priority rights of the applicant?

Pursuant to Article 91 of the Intellectual Property Law, an applicant for logo registration has the right to claim priority right on the basis of the first application for protection of the same object if the following conditions are satisfied:
– The first application has been filed in Vietnam or in a country that is a party to an international treaty with provisions on priority rights to which the Socialist Republic of Vietnam is also a contracting party or has agreed to apply provisions such as: so with Vietnam;
– The applicant must be the following: A Vietnamese citizen; a citizen of another country residing or having a business establishment in Vietnam; a citizen of another country, residing or having a business or production establishment in another country.

Contact LSX Lawfirm

Finally, hope this article is useful for you; answer the question: “Experience of logo registration in Vietnam that you should know”. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].