Procedure for amendment of trademark applications

by ThanhMai
  • 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, the applicant may amend the application on the initiative or upon the request of the IPVN.

A request for amendment application

  • First of all, 02 declarations requesting application amendments which are according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
  • Secondly, documents certifying the change of the application;
  • Thirdly, power of attorney (in case through a representative);
  • Lastly, fee for application amendments request (VND 160,000/ 01 content of the request). Additionally, the fee for publication (VND 120,000/ 01 request for application amendments).

– In case the amendment of information related to the nature of the object stated in the application, the application must be re-assessment. Specifically, the fee for re-assessment is based on the number of subjects (VND 550,000/ 01 group of goods or services).
– The time limit for processing a dossier for registration of a trademark application amendment request is 02 months.

Methods of filing amendment applications

The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:

a) Paper filing

The applicant may submit an application for a trademark 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 filing

  • Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account on the IPVNon the Online Application Receiving System.
  • Online application process:
    + The applicant needs to complete the steps of filing amendment 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). In addition, the applicant 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.

Contact LSX law firm

Thank you for paying attention to our article.  Hopefully, this article is useful for you to answer basically the questions about Intellectual Property in Vietnam. Finally, if you have any questions, please do not hesitate to contact Lawyer X for quick and best legal services: +84846175333.

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