REGISTERED PERSONAL TRADE IN 2022
Figure 1. Thinh Tri Law - Personal trademark registration.
- Personal trademark registration means that an individual submits a trademark registration application at the National Office of Intellectual Property, after receiving the individual's registration application, the NOIP will examine the application and issue a trademark registration certificate for individuals instead of certificates for legal entities like the majority of trademark registrants. In this article, Thinh Tri Law will present the documents and procedures for personal brand registration in 2022 and the validity of personal brands.
OUTLINES
1. Benefits of registering a personal brand?
2. Personal trademark registration dossier.
3. Procedures for personal trademark registration in 2022.
4. How long is the validity of the personal trademark registration certificate?
- In order to protect their legitimate rights and interests, the issue of individual exclusive trademark registration is extremely important because it directly affects the long-term operation of that individual. Specifically:
- Establish the owner's rights to that personal brand that is recognized and protected by legal regulations;
- Prevent all acts of infringing upon the rights and legitimate interests of other subjects without the permission of the owner;
- Owners of personal brands are allowed to transfer and contribute capital as an ordinary property;
- Strictly protected by law if recorded with a term of 10 years and the owner can renew, unlimited number of times to renew the trademark.
- According to the provisions of the Intellectual Property Law 2005 stipulating that individuals (including those with Vietnamese nationality and those with foreign nationality) are entitled to register trademarks and trademarks for products/services. that the individual provides and wants to have exclusive rights to that brand or brand.
→ Read more: Register the fastest exclusive logo in 2022..
- An individual trademark registration dossier must contain the following documents:
- Declaration of personal brand registration: Declaration content:
- Brand template
- Brand Description
- Information of the owner
- Information of the Industrial
- Property Representative (in case of filing through a representative)
- Information on the number of groups of goods and services registered
- Registration fee information…
- For the information of the application owner, the owner needs to provide the name and address:
- In case the applicant is a company, the name and address of the applicant are listed according to the most recently updated business registration certificate.
- In case the applicant is an individual, the application owner's name and address according to the valid ID/CCCD/Passport of the applicant.
- Trademark samples, trademark samples (5 samples – 2 label samples come with 2 applications, 5 label samples will be submitted with the registration dossier.
- Power of attorney for personal brand registration (submitted through Representative), the owner needs to authorize that representative agency to act on behalf of the owner to carry out the procedures related to the registration, including receiving dossiers and papers and responding to appraisal dispatches from the NOIP).
- Therefore, the owner of a trademark application can be an organization or an individual. The applicant shall file a trademark registration application at the Intellectual Property Office or submit the application through a representative for advice, support and avoid problems during the registration process.
→ Read more: What is exclusive trademark registration? What documents are required for trademark registration?
The steps to register a personal brand will be done as follows:
- Step 1: Look up the trademark before submitting the trademark registration application
- Do a trademark search first to assess the protectionability of the logo, whether the trademark is identical or confusing to the trademark logo of another applicant previously filed or not? Therefore, individuals should conduct a trademark search procedure before registering.
- Step 2: Drafting trademark registration documents
- In the event that the results of the search for a trademark are registrable, the client will proceed to compile a registration file (the file in Section 2).
- Step 3: Submit your application at the National Office of Intellectual Property
- In case authorized by the owner, Thinh Tri Law will submit on behalf of the client the earliest personal trademark registration application to have a priority date for the owner.
- Step 4: Follow up the process of evaluating trademark applications for individuals at the National Office of Intellectual Property
- A personal brand registration application will have 3 stages of evaluation, specifically:
- Formal examination of the personal trademark application (1 to 2 months after filing the application).
- Post in the Official Gazette to announce the application (1 month to 2 months after the formal approval letter is issued).
- Examine the content of the trademark registration application (20 months after its publication in the Official Gazette).
- The owner pays a fee for granting a trademark registration certificate (1 month -2 months after notifying the content).
- Step 5: Owner receives a certificate of personal trademark registration
- In case the application has met the protection requirements, the owner of the National Office of Intellectual Property shall issue a certificate of individual trademark registration.
- The application process, submission, appraisal and certification process is a complex one. To ensure that your personal brand is certified, you should consult an attorney and other professionals.
→ See also: What is trademark protection? Why choosing trademark protection?
Figure 2. Thinh Tri Law - Advice on the validity period of individual trademark registration certificates.
- The certificate of individual trademark registration will be valid for 10 years from the date of filing the application. Within 06 months before or after the personal trademark registration certificate expires, the owner needs to carry out procedures to renew the protection title so that the trademark can be maintained for another 10 years.
→ Read more: After being granted a Trademark Registration Certificate, will it be terminated without using the mark continuously for three years?
- The above article, Thinh Tri Law has detailed the process and procedures for personal brand registration in 2022. Hope this article will help customers get more useful information.
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