As a valuable asset to build a brand as well as make an impression on customers; individuals and organizations are thinking highly of registering logo protection titles. So, how long does it take to register for logo protection in Vietnam? Let’s find out with LSX.
- 2005 Intellectual Property Law
Definition of logo
Basically, a logo is an image representing a company, a sign that helps identify companies with each other; otherwise, distinguish goods and services of companies from each other. In fact, logos often appears on goods, signs, packages, transaction papers, websites, fan pages, etc. in the company’s business activities.
Conditions to register for logo protection
Firstly, logos, trademarks registered for protection must not contain forbidden signs; such as national flags, national emblems of countries, names of Vietnamese and international state agencies/organizations;
Secondly, logos registered trademarks need to have at least one distinctive element.
Thirdly, the logos must not confusingly similar to any other registered logos (in terms of pronunciation, structure, meaning, form of expression). The check on this condition should be carried out by a professional organization with extensive experience in assessment and planning to deal with it; in case it is found that there is a possibility of similarity with someone else’s name/logo.
Time limit to register for logo protection
Time to register logo copyright at the Copyright Office
Regarding the time for granting the Copyright Certificate for the logo, according to the provisions of Article 52 of the Intellectual Property Law, it is 15 days. However, the actual registration time often falls into the period of 20-30 days; following the date of a valid application.
Time to register logo copyright at the NOIP
Accordingly, the time limit to logo in the form of the trademark will come in different stages; which calculates as follows:
- 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 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.
Hence the regulation of the IP Law, the dossier for the registration of logo protection will contain the following documents:
– Author’s Registration Statement;
– Two copies of the Logo Work;
– Author or co-author’s commitment;
– The decision to assign work;
– Copy of ID card/CCCD/Passport of the author and owner;
– Copy of the owner’s business registration certificate.
The term of protection for the exclusive use of the logo is 10 years from the filing date, if, after this period of 10 years you still want to be protected, you can apply for an extension.