Logos not only help companies create brands, and determine their position in the market but also help consumers recognize and evaluate products and have smart consumption. So, what documents are required for logo copyright registration? What is the order and procedure for logo copyright registration? The following article by Lawyer X will answer all your questions.
Legal grounds
Law on Intellectual Property 2005 Amended and Supplemented 2019
What does a logo copyright registration file include in Vietnam?
Logos can be registered in two forms: copyright and trademark. Corresponding to each of these forms will have the following profile:
Dossier for registration of logo copyright in the form of copyright:
According to Article 50 of the Intellectual Property Law, to register a logo, the owner needs to prepare the following documents:
– Firstly, declaration (application) for copyright registration for the logo;
– The decision to assign a job or hire a logo design contract or declare copyright (in case the logo owner is not concurrently the creator of the logo);
– Thirdly, a written commitment of the creator who created the logo;
– Statement of the author about the owner of the work (if the author is also the owner of the work)
– Identity card/identity card/passport of the creator of the logo (copy)
– Business registration/ identity card/ establishment decision of the logo owner (copy)
– Two-color prints of the logo with the owner’s signature (if the owner is an individual) or the company’s signature and seal (if the owner is a Company)
– Lastly, the contract authorizes Lawyer X to register the logo copyright
Dossier for logo registration in the form of the trademark will include:
– A declaration of registration of a mark (logo) according to the form of the NOIP;
– Secondly, roup of products/services for which the logo wants to be registered exclusively;
– 05 samples of logos (brands) printed on A4 paper;
– Power of attorney or authorization contract of the owner;
– Lastly, other relevant documents (if any)
Order and procedures for logo copyright registration.
Step 1: Validate the form
Individuals and organizations submit dossiers to the National Office of Intellectual Property. The application-receiving department will review within a month issue related to the form of the application, whether the original basic documents are complete or not, and decide to consider the application or request for additional submission.
Step 2: Appraise the content
During the period from 9 months to 11 months, the NOIP will review the content of the application to evaluate the ability to grant a certificate of protection of the logo according to the protection conditions, the protector will pay fees. protection of protection documents according to regulations.
Step 3: Publish an application
Within 2 months, the NOIP shall publish the application after having a valid decision on the form. Contents of trademark registration announcement are matters related to notices of approval of valid applications and samples. Therefore, the time from applying for registration of trademark protection Logo to being granted a certificate is about 10 to 12 months in the condition that the dossier is valid and complete, without erasure, or correction. edit and supplement. In case the application has problems related to documents and verification conditions, it can take up to one and a half years.
Dossier examination agency
Department of Intellectual Property (384-386 Nguyen Trai, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City); Representative office of the National Office of Intellectual Property in Ho Chi Minh City (17-19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh City).
Time to register copyright logo like?
Registration time is as follows:
– Time to register logo copyright at the Copyright Office:
Regarding the time for granting a copyright certificate for a logo, according to the provisions of Article 52 of the Intellectual Property Law, it is 15 days. However, the actual registration time is often extended and in the period from 20-30 days (from the date of valid application).
Readers using the services of Lawyer 247, the time will be shorter. The sooner the Certificate is obtained, the sooner the owner’s rights are protected, and the better.
– The time to register the logo in the form of trademark registration at the National Office of Intellectual Property of Vietnam.
The time to register a logo in the form of a trademark will be divided into several stages in the course of work and is calculated as follows:
+ Prepare documents and apply: 1-2 days
+ Formal examination of the application: 1-2 months from the date of application
+ Posting in the Industrial Property Official Gazette about the application status: 1 month after the formality examination
+ Substantive examination of the application: 9-12 months
+ Issue a notice of issuance of registration certificate: 1-2 months
Thus, the total time from applying to receiving the registration certificate will be about 12-16 months. However, the actual time will be around 22-28 months (due to a large number of actual applications).
Registration service to protect the logo of Lawyer X
The business market is always a competitive, volatile market. The delay in the logo protection registration process will cause the logo to be copied and taken advantage of by competitors. Meanwhile, if businesses do it themselves, the logo protection registration process with many procedures will face many risks. Using the service of registration for the protection of the Logo of Lawyer X will make you feel secure in each stage of implementation:
– Advice on the most necessary documents and procedures for the registration of Logo protection.
– Consulting the form of logo protection registration by the requirements of customers.
– Compiling registration dossiers; providing customers with the most appropriate and latest forms.
– Acting as a representative on behalf of customers to submit registration documents, receive and respond to appraisals, and pay fees.
– On behalf of the client monitor the processing of records.
– Supplement or correct the dossier at the request of the records handling specialist (if any).
– Receive all kinds of logo protection registration certificates and hand them over to customers.
– Appeal against the decision to refuse to grant the certificate (if any).
– Consulting on the handling of infringements of the rights to the registered Logo (if any).
Please see more articles
- Instructions for registering the latest exclusive copyright logo in Vietnam
- Register the ownership of the logo by the laws of Vietnam
- How to register a foreign logo in Vietnam?
Frequently asked questions
Before registering for protection, Enterprises should conduct a Logo check on the portal of the National Office of Intellectual Property to see if the logo of their registered logo is duplicated to avoid the case that the Protection Logo is similar. Similar to the image of another enterprise registered for protection
To request protection of the collective exclusive logo, the application must include all written agreements to use the exclusive Logo; a description of the product’s characteristics with the protection logo; a map verifying the origin of the product in the case of a product with a protected geographical feature
According to the provisions of the Intellectual Property Law, domestic and foreign individuals/juridical persons/organizations can carry out procedures for logo copyright registration in the territory of Vietnam.
Benefits, obligations, costs….when registering a logo with an individual is completely equivalent to the registration in the form of a legal entity/organization/company. Therefore, it is completely possible to register your individual as the legal owner of the logo.
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 sonal information of client Lawyer X will be 100% confidential.
Please contact us immediately with questions about “What does a logo copyright registration file includein Vietnam?”
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