- 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 amendment application
(i) First of all, 02 declarations requesting application amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
(ii) Secondly, Documents certifying the change of the application;
(iii) Thirdly, Power of attorney (in case through a representative);
(iv) Additionally, Fee for application amendments request (VND 160,000/ 01 content of the request); the fee for publication (VND 120,000/ 01 request for application amendments; The fee for substantive re-assessment is in accordance with the number of independent points in the claim (VND 720,000/ 01 independent point).
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:
a) 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.
b) 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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