To protect the company logo that they have built, the company should register the logo exclusively to avoid taking unnecessary risks. So, if the company logo is not registered exclusively, the possibility of plagiarism and infringement is very high. Therefore, Lawyer X will guide the exclusive registration of the company logo through the article below.
Legal grounds
Intellectual Property Law
What is an exclusive registration of a company logo?
Logo is a design according to the will of the business, with structural elements such as images, letters, colors, and art. To protect the logo as well as the elements related to the business image, it is necessary to find ways to protect it from infringement from other subjects.
Logo exclusive registration means that an enterprise or logo owner carries out registration procedures with a competent state agency in order to grant a protection title. When registering an exclusive logo, the business is the sole owner and has exclusive protection for its logo, other subjects who want to use it must ask for permission and have an agreement with the logo owner. So, other acts of use are considered infringing acts, the owner has the right to request the infringing subject to stop this act or request a competent authority to settle.
Why register the exclusive logo?
For legal protection: Registration will help us prove who the owner of the logo is and thereby will protect by law when our logo is infringed.
For exclusive use: Only when registering and being granted a protection title for the registered logo, we have the exclusive right to use it and do not allow any individual or organization to use it without any permission or our consent.
Create trust for customers: Customers only trust to use 1 product with the official logo. Therefore, with a logo affixed to a product and registered, customer confidence for that product will always be great.
Allowing use by others on a franchise basis: Once your logo has become widely known, you may authorize other parties to use this logo on a special and authorized terms basis. is that the user must pay you a usage fee quarterly, monthly, yearly…etc.
How to register an exclusive company logo?
The subject of the application for the exclusive registration of the logo
According to the provisions of Clause 1, Article 87 of the Intellectual Property Law on the right to register a mark (logo), organizations and individuals have the right to register an exclusive logo for the goods and services they provide. And to register an exclusive logo, the right holder needs to apply to the National Office of Intellectual Property.
Is it mandatory to register the exclusive rights of the logo?
According to the provisions of the Intellectual Property Law and current documents, the registration of an exclusive logo is completely voluntary, so which means that there is no requirement that the owner who wants to use the logo must register. However, the logo should exclusively register for ease of use and to avoid infringement on other subjects.
The law does not stipulate that it is mandatory to register an exclusive logo, only because of the benefits of this registration that most businesses and owners of the logo have registered for exclusive protection.
Dossier for exclusive registration of company logo
– Company logo registration form according to the form of the National Office of Intellectual Property
– 05 samples of registered company logo printed on A4 Paper with size 8cmx8cm
– Then, company introduction letter for employees to apply for company logo registration (in case the owner applies by himself)
– Power of attorney (applicable in case the owner authorizes the representative company to apply for logo registration)
– Fee document confirming payment of company logo registration fee
– Other documents (if any) depend on each specific case
Note:
+ The filing of an application for registration of a logo exclusive shall only be made by the applicant or an intellectual property representative organization licensed by the National Office of Intellectual Property. As a result, all consulting firms that do not act as representatives are unauthorized companies, and the client may be at risk in the case of using services from these firms.
+ Power of attorney for exclusive registration of logos must be made in Vietnamese and does not need to be notarized (applicable to individuals or legal entities in Vietnam)
+ Power of attorney for exclusive logo registration must be made in English and does not need notarization or consular legalization (applicable to foreign individuals/organizations/legal entities)
+ Other documents are submitted together with the application for registration. If using a foreign language, a Vietnamese translation is required for the registration authority to refer to;
+ The registration declaration will be made into 02 identical copies, 1 copy will be returned to the applicant by NOIP (on the returned copy, there will be information on the registration number, the filing date and the application receipt stamp of the NOIP). IP).
Procedures for exclusive registration of company logo
Step 1: Prepare the logo and the products/services that the company is planning to register for the exclusive logo
Before carrying out the procedure for registering a logo, the company needs to design a logo and image for the product/service. During the design process, attention should be paid to not overlap or cause confusion with previous brands and logos. It is best to design according to your own ideas, avoid copying other people’s logos.
So, after completing the logo design, the company will select a group of products/services to register for the exclusive logo.
Note:
– The group of products/services that register the logo is the product/service that will be affixed with the logo
– The cost of how registering the logo will depend on the product/service to which the logo is attached.
Step 2: Look up and evaluate the possibility of logo registration
It is advisable to conduct a logo registrability assessment by looking for duplicates or similarities with previously registered logos. Once the examination has been completed, an application can be filed at the National Office of Intellectual Property.
When searching, it is necessary to prepare:
– Soft file of logo template to register
– Group of products/services will attach an exclusive logo to it
Note The search step to evaluate the possibility of logo registration does not include in the mandatory regulations. But in order not to waste time and costs when applying for logo registration, this is quite necessary.
Step 3: File an application for exclusive logo registration at the National Office of Intellectual Property
After carrying out the above 2 steps, it is necessary to quickly file an application for registration of an exclusive logo at the National Office of Intellectual Property for priority work.
The application will be examined through many different stages before the registry office issues or refuses to issue the certificate (if rejected, there will be a reason for refusal of the NOIP). The stages are as follows:
Stage 1: Formal examination of the logo patent application
When submitted, the application will assesse by the registration office of the National Office of Intellectual Property, whether it is full of information, is the logo sample of the correct size and color? Has the registration fee been paid in full?…
Time to conduct the appraisal is about 1-2 months from the date of application submission. If the application is valid, there are no problems, the NOIP will issue a notice to the owner.
Stage 2: Publication of the application in the Industrial Property Official Gazette
Each month, NOIP will issue 02 notices of applications for applications already filed and for applications that have granted protection titles. On these 2 gazettes, the owners will see their application (if valid).
Stage 3: Substantive examination of the application:
Substantive examination of the application will take from 12 to 15 months. This period is very important, decide to come
possibility of logo registration. If applicable, the owner will receive a notice of payment of the registration certificate fee.
Procedures for exclusive registration of company logo
Step 4: Grant the protection title for the exclusive logo application to the application owner
After the application owner fully pays the fee, he will receive a protection title for exclusive logo registration (receiving time from 1-2 months).
Logo exclusive registration fee
State fees for logo registration procedures are as follows:
– Application fee (for each group of up to 6 products and services): 150,000 VND
If the logo registration application has more than 6 products/services in a group, an additional fee of VND 30,000 for each product/service from Saturday onwards
– Priority claim fee for each application (if required): VND 600,000
– Content appraisal fee (for each group of up to 6 products and services): 300,000 VND
If the logo registration application has more than 6 products/services in a group, an additional fee must pay for each product/service from Saturday onwards: VND 60,000
– Information lookup fee (for each group of up to 6 products and services): 60,000 VND
If the logo registration application has more than 6 products/services in a group, an additional fee must pay for each product/service from Saturday onwards: 30,000 VND
– Application publication fee: VND 120,000
– Registration fee Logo registration certificate: 120,000 VND
– Logo registration certificate fee: VND 120,000
– Logo registration certificate publication fee: VND 120,000
Registration service to protect the logo of Lawyer X
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 Lawyer X’s Logo protection registration service will make you feel secure in every step of the implementation:
– Advice on the most necessary documents and procedures for the registration of Logo protection.
– Consulting the form of logo protection registration per the requirements of customers.
– Compiling registration dossiers; provide customers with the most appropriate and latest forms.
– Acting 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 to monitor the processing of records.
– Supplementing or correcting the dossier at the request of the dossier-handling specialist (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 of infringements of the rights to the registered Logo (if any).
Fee for registration of logo protection service of Lawyer X
Service costs are what customers care about. But, don’t worry, because the price we offer guaranteed 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.
Please see more articles
- Consulting on brand protection in Vietnam in 2022
- Exclusive trademark registration service in Vietnam
- Can foreign traders set up representative offices or branches in Vietnam?
Frequently asked questions
– Hanoi: 386 Nguyen Trai, Thanh Xuan Trung District, Thanh Xuan District, Hanoi City
– Da Nang: 3rd floor, 135 Minh Mang street, Khue My ward, Ngu Hanh Son district, Da Nang city
– Ho Chi Minh City: 7th floor, Ha Phan building, number 17-19 Ton That Tung, Pham Ngu Lao ward, district 1, city. Ho Chi Minh
No. The scope of protection of the logo will be determined according to the territorial principle. Accordingly, a logo registered in any country is only protected in that country. In case, the owner of the logo wants to be protected in a country other than Vietnam, the owner needs to carry out procedures to register it directly in the country that wants protection.
The total time from submitting the application to receiving the registration certificate will be between 12-16 months. However, the actual time will be around 22-28 months (due to the large number of actual applications)
Services of Lawyer X.
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, Lawyer X’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 sonal information of client Lawyer X will be 100% confidential.
Please contact us immediately with questions about the “Instructions for exclusive registration of company logos in Vietnam”
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