HOW TO SEARCH FOR TRADEMARK PROTECTION?
Image 1. Guidelines for trademark search.
In fact, trademark search is an extremely important step in the process of trademark registration in accordance with Vietnamese law. This search is to avoid the possibility of the trademark application being returned due to duplicate or confusing issues.
OUTLINES
1. What is a trademark search?
2. Why search for trademark protection?
3. Detailed instructions on how to search for trademark protection.
4. Dossier for trademark protection search.
- Searching for trademark protection can be considered as the very first step before filing a trademark protection application to make sure the possibility of successful registration of the mark before submitting the official application.
- Note that: Searching before filing a trademark application is not required by law. However, Thinh Tri Law thinks that customers should do this to minimize errors as well as save time for the trademark registration process.
- Firstly, in order to ensure that the mark is not duplicated: The search will help check whether the mark that individuals or businesses wish to register is "duplicate or confusingly similar" with other registered trademarks. signed or not to come up with a reasonable solution.
- Second, avoid losing time and costs::
- According to current statistics, the number of trademark registration applications filed at the National Office of Intellectual Property every year is more than 40,000 applications. Therefore, it is very important for the owners to choose a trademark that is not similar to or identical to those previously filed.
- If the search results are not positive for the possibility of registration, this will help the trademark owner avoid the cost of registration as well as the time waiting for the NOIP to approve the application.
- Method 1: Search on the online database of the National Office of Intellectual Property of Vietnam
- Step 1: Access the trademark search address:
http://iplib.noip.gov.vn/WebUI/WSearch.php.
- Step 2: Enter the trademark information to be searched in the search mark box: For example, enter the word HOA PHAT (for wordmark).
- Step 3: Enter image classification information in the image classification box (if it is a label image).
- Step 4: Enter product/service group information in the product/service group box (Example: group 12) and product/service name information (Example: Car).
After entering all the above information, click on the search button.
Image 2. Enter product group information.
- The results will be returned for individuals and businesses to consult and evaluate whether the trademark they look up is identical or similar to another's trademark.
- However, a problem is that the search for trademark protection in this form is only for reference and the results are only 50% accurate because the above online data will not be fully applied. by the time of application.
- Method 2: How to search for advanced trademark protection?
- Advanced trademark search is understood as a trademark search performed with the "assistance" of experts at the National Office of Intellectual Property of Vietnam.
- To conduct an advanced trademark search, individuals and businesses will authorize an intellectual property right representative organization to work with an expert to conduct a trademark search dossier for the expert , experts will directly search on the database of the National Office of Intellectual Property of Vietnam.
- With this search method, the search results can evaluate over 90% of the trademark's ability to be protected. However, this form will incur a search fee.
- To conduct a trademark search, customers need to prepare information and documents for the search, including specifically as follows:
- Information about the trademark sample to be searched (soft files are best);
- Information about the product/service for which the mark wants to be registered. Example: Registration for fashion products, cars, motorbikes,...
- After having all the above information, we will conduct a search in one of the two ways mentioned above.
➤ More articles:
➤ Enterprises should choose to protect their logos as trademarks or copyrights..
➤ Should I register for logo protection as a trademark or copyright?
➤ Patent/utility solution registration procedures.
➤ Procedures for product barcode registration.
- Here is Thinh Tri Law's advice on how to search for trademark protection. Hope this information will be useful to you. If you still have questions about other issues related to the field of intellectual property according to the latest laws, please contact us:
THINH TRI LAW FIRM
Hotline: 1800 6365
Facebook: Luật Thịnh Trí
