Legal grounds
- Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
- Circular No. 01/2007/TT-BKHCN dated February 14, 2007
Before the IPVN issues decisions on the rejection of an application, decisions on refusal to grant a protection title, or decisions on the grant of a protection title, the applicant may amend the application on own initiative or upon the request of the IPVN.
A request for application amendment
(i) First of all, 02 declarations requesting application amendment which are according to form No. 01-SĐĐ Appendix B of Circular No. 16/2016/TT-BKHCN;
(ii) Secondly, Documents certifying the change of the application;
(iii) Additionally, Power of attorney (in case through a representative);
(iv) Lastly, Fee for application amendments request is VND 160,000/ 01 content of the request. Besides, the fee for publication is VND 120,000/ 01 request for application amendments (in case the application has been accepted as a valid application).
Plus, the fee for substantive re-assessment is VND 1,200,000.
The time limit for processing a dossier for registration of a geographical indication application amendments request is 02 months.
Methods of filing amendment application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:
(i) Paper amendment filing
The applicant may submit an application for amendment directly or via postal service to one of the IPVN’s applications receiving places, specifically as follows:
- Firstly, Head Office of IPVN. Address 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
- Secondly, Representative Office of IPVN in Ho Chi Minh City. Address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.
- Thirdly, Representative Office of IPVN in Da Nang City. Address: 3rd floor, 135 Minh Mang, Khue My Ward, Ngu Hanh Son district, Da Nang city.
In case of filing an application for a trademark by post, The applicant must transfer the application charges/ fees by postal service.
(ii) Online amendment filing
- Conditions for online amendment filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVNon the Online Application Receiving System.
- Online amendment application process:
+ The applicantneeds to complete the steps of filing a division application form on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The applicant needs to present the confirmation of the online submission to one of the IPVN’s office attached documents (if any) and pay fees/ charges within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully, an IPVN’s officer will issue the application number in the Online Application Receipt System.
+ If one of the documents and fees/ charges is not fully, the application will be denied.
+ Especially, if the applicant fails to complete the prescribed application procedure, the online application procedure will cancel.
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Conclusion: So the above is Procedure for amendment of geographical indication applications. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
