When the owner of a logo designs a logo for himself or his company, he needs to quickly register the ownership of that logo. When registering for exclusive ownership of a logo, you will automatically have exclusive rights to that logo and have the right to prohibit other entities from using your logo. So, how do register the ownership of the logo according to the regulations? Let’s find out with Lawyer X.
Legal grounds
Intellectual property law
What is logo ownership registration?
Register the ownership of the logo or in other words register the logo. Logo registration means that enterprises and logo owners carry out registration procedures with competent state agencies in order to be granted a protection title.
In order to protect the intellectual property rights of the Logo, right after creating his Logo, the owner should quickly carry out the procedures to register intellectual property rights for the Logo. The registration of intellectual property rights to the Logo should and should be done in both forms: copyright registration at the Copyright Office and trademark registration at the National Office of Intellectual Property.
Register the ownership of the logo in the form of trademark registration
Conditions for registering logo ownership
According to the provisions of Article 72 of the Intellectual Property Law on general conditions for trademarks to be protected. Trademarks are protected if the following conditions are met:
A sign that is visible in the form of letters, words, drawings, images, including holograms, or a combination thereof, represented by one or more colors;
Having the ability to distinguish the goods and services of the trademark owner from those of other subjects
A trademark is likely to be protected when it meets the distinctiveness of the mark according to the provisions of Article 74 of the Intellectual Property Law.
Procedures for registration of logo ownership
Step 1: Prepare the logo and the products/services you want to register for logo ownership
The group of products/services that register the ownership of the logo is the product/service that will be affixed with the logo, so before carrying out the logo registration procedure, individuals or businesses need to design a logo and image for the product. products/services. During the design process, attention should be paid to not overlap or cause confusion with previous brands and logos. Avoid logo design that is not in accordance with the provisions of the Law, leading to the logo being refused registration after the design is completed.
Step 2: Look up and evaluate the possibility of registering logo ownership
Currently, there are many individuals/businesses applying for logo registration, in order to ensure that the registration ability of the logo is high, it is advisable to conduct a search before submitting the application, to see if there are duplicates or similarities. with previously registered logos. Once the examination has been completed, an application can be filed at the National Office of Intellectual Property.
Note: The search step to evaluate the possibility of logo registration is not included in the mandatory regulations. But in order not to waste time and costs when applying for logo registration, this is quite necessary. For high accuracy, you should do a paid search from the National Office of Intellectual Property, the correct result is over 90%.
Step 3: Prepare documents and apply for logo registration at the National Office of Intellectual Property
After carrying out the above 2 steps, it is necessary to quickly submit an application for registration of an exclusive logo at the National Office of Intellectual Property to be given priority to do it soon. The application will be examined through many different stages before the registry office issues or refuses to grant the certificate (if rejected, there will be a reason for refusal of the NOIP).
Step 4: Formal examination of the logo ownership application form
When submitted, the application will be appraised by the registration office of the National Office of Intellectual Property, whether there is sufficient information about the size, color of the logo template, the registration fee to be paid? The time to conduct the appraisal is approx. 1-2 months from the date of application submission. If the application is valid, there are no problems, the NOIP will issue a notice to the owner.
Publication of registration applications in the Industrial Property Official Gazette: Each month, the NOIP will issue 02 notices of applications: for the applications already filed; for applications that have been granted protection titles. On these 2 gazettes, the owners will see their application (if valid).
Step 5: Verify the content of the application
Substantive examination of the application will take from 12 to 15 months. This period is very important, in deciding the possibility of logo registration. If applicable, the owner will receive a notice of payment of the registration certificate fee.
Step 6: Issuing a protection title for the logo ownership registration application to the application owner
After the application owner fully pays the fee, he will receive a protection title for logo registration (receiving time is from 1-2 months). The total time from submitting the application to receiving the registration certificate will be around 12-16 months, but due to a large number of actual applications, the actual time will be around 22-28 months.
Note: The cost of registering a logo is how much it depends on the quantity and products/services that are attached with the logo.
Dossier for registration of logo ownership
Declaration of trademark registration (logo) according to the form of NOIP;
Group of products/services in which the logo wants to register ownership;
05 samples of logos (brands) printed on A4 paper;
Power of attorney or authorization contract of the owner;
Other relevant documents (if any)
Register the ownership of the logo in the form of copyright registration
Step 1: Drafting logo copyright registration file
After determining the type of work to be registered for protection, the author or owner will prepare a dossier according to the information Thien Di mentioned above.
If in the case of authorization for Thien Di, it is necessary to prepare the following:
Declaration (application) for copyright registration of logos made according to the form of the Copyright Office
Note: The registration declaration will be made in Vietnamese, the application owner or the authorized organization must complete all the information recorded in the declaration, including basic information such as (i) information about the owner of the application. ownership of the work (ii) information about the author (iii) information about the company authorized to register (iv) information about the registered work (v) information about the completion date of the work, the date of the work publication, a form of publication, a summary of the work…etc.
02 copies of registered works. For works of applied art: 02 copies printed on A4 paper, signed or stamped by the author or owner of the work;
Power of attorney or authorization contract
Original papers certifying the right to file in case the applicant inherits, transfers…
A written agreement between authors in case the work has multiple authors (co-authors)
In case the copyrighted work is jointly owned, written consent from the other co-owners will be required.
Identity card/identity card/passport of the author (copy)
Author’s pledge
Copy of business license, establishment decision, etc. (in case the registered owner is a legal entity, or organization)
The decision to assign work in case the owner registers as a legal entity or contracts to hire another party to create the work.
Step 2: Submit an application for logo copyright registration
Authors, copyright holders, related rights holders may directly or authorize
Copyright registration dossiers can be submitted in person or by post. However, in order to avoid unnecessary arising and in case of conditions, the applicant should still submit the copyright registration dossier directly to the following addresses:
Address for copyright registration in Hanoi
Copyright and related rights registration office under the Copyright Office
No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi. Tel: 024.38 234 304.
Address for copyright registration in Ho Chi Minh City
Representative Office of the Copyright Office in Ho Chi Minh City. Ho Chi Minh:
No. 170 Nguyen Dinh Chieu, Ward 6, District 3, City. Ho Chi Minh. Tel: 028.39 308 086
Address for copyright registration in Da Nang
Representative Office of the Copyright Office in Ho Chi Minh City. Danang:
No. 01 An Nhon 7 Street, An Hai Bac Ward, Son Tra District, City. Danang. Tel: 0511.3 606 967
Step 3: Follow up on the logo copyright registration file after submission
The dossier, after being submitted to the Copyright Office, will be appraised by experts before granting a copyright registration certificate, during the appraisal process, experts may require the applicant to amend or supplement add documents to be validly accepted.
Step 4: Get a certificate of copyright registration for the registered logo
After verifying the dossier and confirming that the dossier is valid and complete, the Copyright Office will issue a registration certificate to the owner to acknowledge the ownership rights to the owner.
Time to register copyright of logo author
Within 20-35 working days from the date of receipt of a valid application, the state management agency in charge of copyright and related rights is responsible for granting a certificate of registration of copyright or a certificate of registration of copyright. related rights for the applicant. In case of refusal to grant a logo copyright registration certificate or related rights registration certificate, the state management agency in charge of copyright and related rights must notify in writing the applicant.
Related article:
- Instructions for exclusive registration of company logos in Vietnam
- Re-issuance of copyright registration certificate for foreign works
Frequently asked questions
Vietnamese law still does not have regulations that require individuals/organizations to register their logo. But in fact, there are more and more cases of trademark and trademark infringement, so registering logo ownership will help businesses avoid unfortunate risks and be the basis for legal protection. when there is a dispute
Logo when registered for protection at the National Office of Intellectual Property has a protection term of 10 years. The owner can proceed to renew it many times in a row until there is no need to continue using it. It is even possible to assign it to another party through the registration of a transfer contract at the National Office of Intellectual Property.
The scope of protection of the logo, when it is accepted for protection at the National Office of Intellectual Property, is within the registered country. If the owner wants to be protected in any country, the owner needs to apply directly in that country or apply through an international agreement to which Vietnam and that country are members.
The copyright protection period is 50 years to infinity
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