Instructions for registering the latest exclusive copyright logo in Vietnam
To protect the logo they design, individuals and organizations need to register an exclusive copyright logo. Besides, this is essential for individuals and organizations who are building their brand. So, how to register an exclusive copyright logo? Please follow the article How to register the latest exclusive copyright logo below
Legal grounds
Intellectual Property Law
What is Copyright Logo Registration?
Copyright logo registration means the procedure for copyright registration of a designed logo. Although, according to regulations, copyright established from the time the work created and fixed in a certain material form without having to go through a registration procedure.
However, if talking about a literary work or a painting, it is easy to prove who created it even though there is no registration. As for the logo, it is difficult to give proof of who designed it. Therefore, to protect their copyrights. So, we must recommend that you carry out the copyright logo registration procedure to ensure your rights and as a basis to avoid disputes in the future.
What is an exclusive logo registration?
Registering an exclusive logo is an administrative procedure carried out by the product owner at the competent authority to protect the exclusive rights of the logo created by him. So, after registration, the owner will prove his/her ownership. yourself and prevent any infringement of your ownership rights to the registered logo.
Registering an exclusive logo is an administrative procedure carried out at the National Office of Intellectual Property, including the following steps: Prepare a logo template to be registered; Compose an exclusive logo registration file; Apply for logo registration at the registry office, Follow up the application until receiving the exclusive logo registration certificate.
To better understand the procedure for registering an exclusive copyright logo. Stay tuned for the next part of the article How to register the latest exclusive copyright logo.
Procedures for registration of copyright logos
The owner prepares documents and submits the application for registration of the copyright logo at the National Office of Intellectual Property (logo registration in the form of trademark registration) or the Copyright Office (registers logo copyright in the form of trademark registration).
Step 1: Choose the logo registration form
As mentioned above, logos have two forms of registration: registration in the form of trademarks and registration of copyrights in the form of applied works of art.
Step 2: Prepare documents for copyright logo registration
After classifying and choosing a form of protection, the owner needs to prepare a logo copyright registration file according to the content of the profile components guided below.
Step 3: Submit the application for registration at the Copyright Office or the National Office of Intellectual Property
After fully preparing the application, the owner can directly or authorize another organization/individual to submit the registration dossier at:
– Register the logo at the Copyright Office in the form of copyright registration
Hanoi: No. 33 Lane 294/2 Kim Ma, Ba Dinh district, Hanoi city
Da Nang: No. 01 An Nhon 7, An Hai Bac ward, Son Tra district, Da Nang city
Ho Chi Minh: No. 170 Nguyen Dinh Chieu Street, District 3, Ho Chi Minh City
– Register your logo at the National Office of Intellectual Property in the form of a trademark
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
Step 4: Track the copyright logo application after submission
After the application is submitted, the application will be reviewed by the appraisal agency before accepting or refusing to grant the logo registration certificate to the owner.
Step 5: Get a logo registration certificate
In case when appraising dossiers, registration dossiers place a request per the provisions of the Intellectual Property Law, the registration agency will issue a certificate of registration of copyright logo to the owner.
So, depending on economic conditions, the owner can register the logo in both forms mentioned above.
Dossier for registration of copyright logo
Dossier for registration of logo copyright in the form of copyright:
Under Article 50 of the Intellectual Property Law, to register a copyright logo, the owner needs to prepare the following documents:
– Firstly, declaration (application) for copyright registration for the logo;
– The decision to assign a job or hire a logo design contract or declare copyright (in case the logo owner is not concurrently the creator of the logo);
– Thirdly, a written commitment of the creator who created the logo;
– Statement of the author about the owner of the work (if the author is also the owner of the work)
– Identity card/identity card/ passport of the creator of the logo (copy)
– Besides, business registration/ identity card/ establishment decision of the logo owner (copy)
– Two-color prints of the logo with the owner’s signature (if the owner is an individual) or the company’s signature and seal (if the owner is a Company)
– Authorization contract (if any)
Dossier to register a logo in the form of a trademark will include
– A declaration of registration of a mark (logo) according to the form of the NOIP;
– Then, group of products/services for which the logo wants to register exclusively;
– 05 samples of logos (brands) printed on A4 paper;
– Power of attorney or authorization contract of the owner;
– Lastly, other relevant documents (if any)
Procedure for registration of an exclusive logo
Step 1: Prepare logo and products/services that individuals/businesses are planning to register for exclusive logos
Before carrying out the procedure for registering an exclusive logo, individuals/businesses need to design logos and images for products/services. In 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 ideas and avoid copying other people’s logos.
After completing the logo design, the logo owner will select a group of products/services to register an exclusive logo.
Note:
– The group of products/services that register the logo is the product/service that will be affixed with the logo
– Besides, 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 registration 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 is not included in the mandatory regulations. But in order not to waste time and costs when applying for logo registration, this is quite necessary.
Step 3: Apply for registration of an exclusive logo at the National Office of Intellectual Property
After carrying out the above 2 steps, it is necessary to quickly apply for registration of an exclusive logo at the National Office of Intellectual Property to be given priority to do it soon.
The application will be examined through many different stages before the registry office issues or refuses to grant 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 application form
When submitted, the application will be assessed 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?
The time to conduct the appraisal is about 1-2 months from the date of application submission. If the application is valid, and 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 (i) for applications already filed (ii) 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 to the possibility of logo registration. If applicable, the owner will receive a notice of payment of the registration certificate fee.
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).
Profile for exclusive logo registration
– Declaration of registration of exclusive logo according to the form of the National Office of Intellectual Property
– 05 registration logo samples printed on A4 Paper with size 8cmx8cm
– Company introduction letter for employees to apply for company logo registration (in case the owner applies by himself) (if the owner is a company) or
– Power of attorney (applicable in case the owner authorizes the representative company to apply for logo registration)
– Fee voucher confirming that the exclusive logo registration fee has paid
– Other documents (if any) depend on each specific case.
Above are our advice on the latest exclusive copyright logo registration guide. Hope to help your life.
Please see more articles
- Instructions for exclusive registration of company logos in Vietnam
- Re-issuance of copyright registration certificate for foreign works
- How to register a foreign logo in Vietnam?
Frequently asked questions
The time for registration of an exclusive logo will be calculated according to the application evaluation time and will be divided into stages as follows:
– Formal evaluation of the application: 1-2 months
– Announcement of logo application: 1-2 months
– Substantive examination of the application: 14-18 months
– Notice of granting a certificate of exclusive logo registration: 1-2 months
Thus: The total time to register an exclusive logo from the time of application to receiving the registration certificate will be from 17-24 months, in some cases, the time may be longer and lasts from 24-30 months.
Registration documents can be submitted in the following ways:
– Apply for logo registration directly at the registration agency: Logo owners can go to one of the 3 addresses mentioned above to submit registration documents directly
– Apply by post by postal delivery: In addition to submitting the logo registration application directly, the owner can submit it by post to the 03 addresses mentioned above.
– Submit an application for logo registration by online form on the portal of NOIP: In case of customers have certain knowledge about online filing methods, they can choose to submit an online application form. on the notice board of the NOIP.
– Authorize law firms as representatives to apply for exclusive logos
The answer is yes. According to the provisions of the Intellectual Property Law, domestic and foreign individuals/ juridical persons/ organizations can carry out procedures for logo copyright registration in the territory of Vietnam.
Benefits, obligations, costs….when registering a logo with an individual is completely equivalent to the registration in the form of a legal entity/ organization/ company.
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