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, an applicant may request the IPVN to record the transfer of his/her application to another person.
A request for transfer application
- First of all, 02 declarations requesting application transfer (according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN);
- Secondly, Documents proving that the transferee satisfies the requirement on the right of registration;
- Thirdly, Power of attorney (in case the request is filed through a representative);
- Lastly, Fee for application transfer request (VND 160,000/ 01 request) and the fee for publication (VND 120,000/ 01 request for application transfer in case the application has been accepted as a valid application).
An application transfer request is filed after the IPVN issues Notification of intended grant of certificates, the application must be re-examined and publish the content of the transfer contract. The fee for substantive re-examination is based on the number of objects (VND 550,000/ 01 group of goods or services)and the fee for publication (VND 120,000/ 01 request for application transfer).
The time limit for processing a dossier for registration of a trademark application transfer request is 02 month
Methods of filing transfer 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 transfer 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.
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Conclusion: So the above is Procedure for transfer of trademark applications. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
