Registering an exclusive trademark is necessary when setting up a company to avoid unnecessary risks. To protect their brand, businesses need to register an exclusive trademark. Therefore, Lawyer X will guide you to write your exclusive trademark according to regulations to help you register your exclusive trademark quickly.
Legal grounds
Intellectual property law
Circular 16/2016/TT-BKHCN
What is trademark registration?
Basically, brand or trademark have the same meaning. These are terms that people often use when they want to talk about the identity of a company, a product, or a service. The only thing, trademark is a term clearly mentioned and explained in legal documents, while trademark is not. Therefore, units operating in the field of law often use the term trademark. Meanwhile, most people often use brands.
Trademark registration includes administrative procedures filed by the trademark owner (who can be an individual or an organization) at the National Office of Intellectual Property. Trademark registration is a necessary step for the owner to protect his exclusive trademark in the territory of Vietnam.
Why should you register for trademark protection?
- The registration of a trademark will be proof of the owner’s intellectual property rights with another party.
- Infringement of intellectual property rights arises only when the trademark has been registered at the registry office.
- During the time when the certificate of brand registration is valid, your trademark will be protected and exclusively used throughout the territory of Vietnam.
- Helping customers easily recognize the brand’s products as well as have an advantage in competing with other branded products.
- With well-known brands in the market, the owner has the right to transfer the brand to other parties for profit.
Conditions for exclusive trademark registration
Looking up the possibility of trademark duplication before registration
This is a prerequisite step that everyone needs to pay special attention to before proceeding with trademark registration procedures. Through this step, you will determine if your trademark is identical or similar to previously registered trademarks for a suitable solution. Currently, there are two types of trademark search: preliminary search (about 40-50% accuracy) and official lookup (about 96 percent accuracy).
Conditions for registration information declaration
During the preparation of the dossier registration of a trademark everyone will see a request for an information declaration. This is one of the required documents to have and ensure exactly according to the model of the National Office of Intellectual Property. Therefore, in order to ensure that the application for registration is approved, everyone should use the correct formmark registration declaration form.
Priority date conditions over whether to register a trademark as soon as the design process is completed
Although it took more than 24 months for a trademark to be granted a protection title, from the time of filing the application for registration, the trademark was protected by Vietnamese law. During the processing of the application, if there is a dispute, conflict… your trademark will still be protected. As a result, you will control and handle cases of brand plagiarism.
How to register an exclusive trademark
Instructions for exclusive trademark registration
Step 1: Selection and grouping when registering exclusive trademarks
The selection of a brand template and the subgroup of registered trademarks will help customers determine the scope of the rights of the brand, which is also the basis for charging an exclusive trademark registration fee.
Step 2: Look up the trademark before submitting the application
The purpose of the trademark search is to determine the registrability of the trademark, the search is optional but important for the owner to be sure of the registrability of the trademark.
Step 3: Prepare documents for exclusive trademark registration
Documents to be prepared include:
1. 02 Declaration of trademark registration, according to form 04-NH Appendix A of Circular 01/2007/TT-BKHCN
2. 05 trademark samples to be registered. These marks must be presented in standard dimensions, not less than 8 x 8 mm, and no larger than 80 x 80 mm. Each brand template has 3 main components including: image, text and meaningful slogan of the company.
3. Charge and fee payment vouchers.
Step 4: File a trademark registration application at the National Office of Intellectual Property
Dossier for “trademark registration” will be submitted at NOIP by direct submission, by post or online on the NOIP’s portal.
- Submit paper application
Submit a paper application at one of the following addresses:
– Office of the National Office of Intellectual Property: 386 Nguyen Trai, Thanh Xuan district, city Hanoi.
– Representative office of the National Office of Intellectual Property in Ho Chi Minh City: 7th floor, Ha Phan building, 17/19 Ton That Tung, Pham Ngu Lao ward, district 1, Ho Chi Minh city.
– Representative office of the National Office of Intellectual Property in Da Nang city: 3rd floor, number 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
– Submit by mail: applicant needs to transfer money via postal service, then copy the Remittance Receipt and send it together with the application file to one of the above addresses of the NOIP for proof of amount paid.
2. Online submission
To submit online, customers need a digital certificate and digital signature.
Apply online at: http://dvctt.noip.gov.vn:8888/HomePage.do
Step 5: Appraise the application and issue a certificate of trademark registration
The NOIP will conduct an examination of the dossier, before making a decision to agree to grant a registration certificate or to refuse to grant a registration certificate to the owner. In case the application meets the protection requirements, the NOIP will issue a notice requesting the applicant to pay the fee for the grant of the title, otherwise, it will issue a notice clearly stating the reason for the refusal.
Time limit for processing trademark applications:
From the date of receipt by the National Office of Intellectual Property, the application for registration of a trademark shall be considered in the following order:
Formal assessment: 01 month
Announcement of application: within 02 months from the date on which the application for registration of a trademark is issued with a decision on acceptance of a valid application.
Substantive examination: no more than 09 months from the date of application publication.
Within 1 year (actually usually 16-24 months) from the date of application, customers will receive a notice of granting a protection title exclusive trademark.
Registration period and validity of exclusive trademark protection
The peculiarity of exclusive trademark registration is that the time for registration and grant of protection titles is very long, in fact usually lasts from 16-24 months, from the date of filing.
Although the granting time is long, the effective date of the protection title is the date of filing. This gives businesses peace of mind when registering for a long time.
The term of protection of a trademark (trademark) is 10 years, but the trademark owner can apply for multiple renewals in a row, each time 10 years and can be protected forever if renewed on time.
Within 06 months before the expiration date of the Certificate of Trademark Registration, the trademark owner must submit an application for renewal and the prescribed fee to the National Office of Intellectual Property.
Related article:
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Frequently asked questions
Right to apply for product trademark registration: The Intellectual Property Law allows owners who are individuals, legal entities, or organizations to be registered to file an application for a trademark that the owner does business with. Therefore, individual registered trademark is completely acceptable.
– Vietnamese individuals, organizations and enterprises;
Foreign individuals, businesses and organizations. (For foreign individuals, organizations and enterprises who want to register a trademark in Vietnam, they must submit an application for registration through an intellectual property representative company)
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client Lawyer X will be 100% confidential.
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