PROCEDURE FOR TRADE PROTECTION REGISTRATION
BASED ON LATEST INTELLECTUAL PROPERTY LAW
Figure 1. THINH TRI - Providing consulting services for trademark protection registration.
- With more than 10 years of establishment, THINH TRI Law Firm is proud to be the leading law firm in Vietnam in the field of intellectual property. We have helped thousands of customers register for trademark protection at the National Office of Intellectual Property. Below is the procedure for trademark registration.
OUTLINES
1. What is trademark protection?
2. General conditions for trademarks to be protected.
3. Components of the trademark protection registration dossier.
4. General requirements for the application.
5. Trademark registration fees and charges.
6. Time limit for processing trademark registration applications.
7. Application form.
a) Paper application form.
b) Online application form.
8. Trademark registration and protection consulting service – Thinh Tri Law.
- There are many different definitions of a brand: a brand is a name, term, design, image, or other sign that distinguishes an organization or a product from its competitors in the eyes of consumers. Brand can also be a collection of aspects of how customers perceive a company, a product, or a service. These aspects will include: brand identities, brand values, brand attributes, and brand personality.
- Trademark protection registration, also known as trademark copyright registration or trademark protection registration, is the conduct by the trademark owner (individual, legal entity, direct organization, authorized unit) necessary legal procedures to file a trademark registration application with the National Office of Intellectual Property of Vietnam.
- According to the provisions of the Intellectual Property Law 2019, a trademark is protected if it meets the following conditions:
- 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.
- The following signs are not protected as trademarks:
- Signs identical or confusingly similar to national flags and emblems of other countries;
- Signs identical or confusingly similar to symbols, flags, badges, abbreviations and full names of state agencies, political organizations, socio-political organizations or political organizations socio-professional, social organizations, socio-professional organizations of Vietnam and international organizations, without the permission of such agency or organization;
- Identical signs ior confusingly similar to real names, nicknames, pseudonyms, images of leaders, national heroes, celebrities of Vietnam or abroad;
- Signs identical or confusingly similar to certification marks, inspection marks, or warranty marks of an international organization that such organization requests may not be used, unless this organization itself registers the products. such mark as a certification mark;
- Signs that mislead, confuse or deceive consumers about the origin, features, uses, quality, value or other characteristics of goods or services.
- If customers still have questions related to the conditions for trademark protection, please contact Thinh Tri Law Firm immediately via the toll-free hotline 1800 6365. Currently, Thinh Tri Law has been providing consulting services. Registering for trademark protection for thousands of businesses across the country, Thinh Tri Law will surely satisfy you.
Figure2. Trademark registration documents.
- To apply for trademark protection, customers need to prepare the following documents:
- 02 Declaration of trademark registration, typed according to form number: 04-NH Appendix A of Circular 01/2007/TT-BKHCN [The trademark description: the mark sample must be described to clarify the elements of the mark and its overall meaning, if any; if the mark contains words or phrases belonging to figurative language, those words and phrases must be transcribed; If a trademark contains words or phrases in a foreign language, it must be translated into Vietnamese. If the mark contains numerals other than Arabic or Roman numerals, it must be translated into Arabic numerals; The list of goods/services in the declaration must be grouped in accordance with the international classification of goods and services (according to the 11th Nice Agreement).
- 05 Attached trademark samples (the attached mark samples must be identical to those of the trademarks affixed on the registration application form, both in size and color. in the mark is not larger than 80mm and not less than 8mm, the overall mark must be presented in the mark template with dimensions of 80mm x 80mm.If color protection is required, all trademark samples on the declaration and attached must be presented in the correct colors to be protected);
- Proof of payment of fees and charges.
- In case a trademark registration application is a collective mark or a certification mark, in addition to the minimum documents mentioned above, the application must have the following additional documents:
- Regulations on the use of collective marks or certification marks;
- A description of the characteristic (or specific) nature and quality of the product bearing the mark (if the registered mark is a collective mark used for products of particular nature or is a quality certification mark). quality of the product or a mark that certifies the geographical origin of a local specialty);
- Map of the geographical area (if the registered mark is a mark certifying the geographical origin of a product, or a mark containing a place name or a sign indicating the geographical origin of a local specialty). Document of the People's Committee of the province or centrally run city allowing the use of a place name or other sign indicating the geographical origin of a local specialty for trademark registration (if the registered mark is a collective mark). certification mark containing a place name or other indication of the geographical origin of the local specialty).
- According to the provisions of Article 105 of the Intellectual Property Law 2019, a trademark protection application must meet the following requirements:
- Each application is only required to grant one protection title and the type of protection title requested for grant must be consistent with the mark stated in the application;
- The mark template must be described to clarify the constituent elements of the mark and the overall meaning of the mark, if any; if the mark contains words or phrases belonging to figurative language, those words and phrases must be transcribed; If a trademark contains words or phrases in a foreign language, it must be translated into Vietnamese.
- The goods and services stated in the application for registration of a mark must be classified into the groups in accordance with the classification under the Nice Agreement on the international classification of goods and services for the purpose of trademark registration announced by the state management agency in charge of industrial property rights.
- All documents of the application must be made in Vietnamese. For documents made in other languages as prescribed at Points 7.3 and 7.4 of Circular 01/2007/TT-BKHCN, they must be translated into Vietnamese;
- All documents must be presented vertically (drawings, diagrams and tables may be presented horizontally only) on one side of A4 size paper (210mm x 297mm), with margins on all four sides, each margin is 20mm wide, in Times New Roman font, font size 13, except for supporting documents whose origin is not intended to be included in the application.
- Đối với tài liệu cần lập theo mẫu thì bắt buộc phải sử dụng các mẫu đó và điền đầy đủ các thông tin theo yêu cầu vào những chỗ thích hợp;
- Mỗi loại tài liệu nếu bao gồm nhiều trang thì mỗi trang phải ghi số thứ tự trang đó bằng chữ số Ả-rập;
- Tài liệu phải được đánh máy hoặc in bằng loại mực khó phai mờ, một cách rõ ràng, sạch sẽ, không tẩy xóa, không sữa chữa; trường hợp phát hiện có sai sót không đáng kể thuộc về lỗi chính tả trong tài liệu đã nộp cho Cục Sở hữu trí tuệ thì người nộp đơn có thể sữa chữa các lỗi đó, nhưng tại chỗ bị sửa chữa phải có chữ ký xác nhận (và đóng dấu, nếu có) của người nộp đơn;
- Thuật ngữ dùng trong đơn phải thống nhất và là thuật ngữ phổ thông (không dùng tiếng địa phương, từ hiếm, từ tự tạo). Ký hiệu, đơn vị đo lường, phông chữ điện tử, quy tắc chính tả dùng trong đơn phải theo tiêu chuẩn Việt Nam);
- Đơn có thể kèm theo tài liệu bổ trợ là vật mang dữ liệu điện tử của một phần hoặc toàn bộ nội dung tài liệu đơn.
- For documents that need to be made according to the form, it is mandatory to use those forms and fill in the required information in the appropriate places;
- For each type of document, if it includes more than one page, each page must have the page number in Arabic numerals;
- Documents must be typed or printed with indelible ink, in a clear, clean, unblemished, unedited manner;
- In case of detecting insignificant spelling errors in documents submitted to the NOIP, the applicant may correct such errors, but the corrected signature must be signed at the place of correction. (and stamp, if any) of the applicant;
- The terms used in the application must be consistent and common terms (do not use dialects, rare words, and self-created words).
- Symbols, units of measurement, electronic fonts, spelling rules used in the application must comply with Vietnamese standards);
- The application may be accompanied by a supporting document that is an electronic data carrier of part or all of the content of the application.
- Application fee: 150,000VND
- Application publication fee: 120,000 VND
- Fee for searching for people's income: 180,000 VND / 01 group of products and services
- Search fee for the 7th product and service onwards: 30,000 VND / 01 product or service
- Content appraisal fee: VND 550,000 / 01 group of products and services
- Content appraisal fee for the 7th product/service onwards: 120,000VND/01 product or service.
- From the date of receipt by the NOIP, the trademark registration application shall be considered in the following order:
- Appraising format: 01 month
- Announcement of applications: within 2 months from the date the trademark registration application has a decision on acceptance of a valid application
- Apprasing content: no more than 09 months from the date of application publication.
- Applicants can choose to submit a paper application or an online application through the National Office of Intellectual Property's online public service portal, specifically:
- The applicant may file a trademark registration application directly or via postal service to one of the NOIP's application receiving points, specifically:
- Office of the National Office of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.
- Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: 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, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
- In case the application for trademark registration is submitted by post, the applicant needs to transfer money via the postal service, then photocopy the Receipt of Remittance and send it together with the application file to one of the above application receiving site from the National Office of Intellectual Property to prove the paid fee.
- (Note: When transferring fees and charges to one of the above-mentioned application-receiving points of the National Office of Intellectual Property, the applicant needs to send the application by post to that application-receiving site).
- Conditions for online application:The applicant needs to have a digital certificate and digital signature, register an account on the Online Application Receiving System and have an account approved by the National Office of Intellectual Property to perform transactions. register for SHCN rights.
- Online filing order: The applicant needs to declare and submit a trademark registration application on the NOIP's online application receiving system, after completing the declaration and submitting the application on the NOIP. Online application receipt system, the system will send back to the applicant a confirmation of online submission of documents. Within 01 month from the date of submitting the online application, the applicant must go to one of the NOIP's application receiving points on working days during trading hours to present the Certificate of Documents to be submitted online and attached documents (if any) and pay fees/charges as prescribed.
- If the documents and fees/fees are sufficient as prescribed, the application-receiving officer will issue an application number to the Declaration on the Online Application-Receiving System, if there are insufficient documents and fees/fees as prescribed. application will be refused. In case the Applicant fails to complete the prescribed application procedure, the online document will be destroyed and the Online Document Cancellation Notice will be sent to the Applicant on the Online Application Receiving System.
Figure 3. THINH TRI Law Firm – Supporting all legal issues.
- In order to answer the difficulties and questions of customers, as well as ensure the interests of customers in the process of trademark protection registration, we encourage customers to discuss and ask for the support of specialized lawyers. Currently, Thinh Tri Law provides a package service on trademark protection registration, With the consulting motto "Dedicated", all your legal questions will be handled by lawyers and legal experts. The company's experience is dedicated and thoughtful.
- With a team of lawyers not only knowledgeable and fluent in the law but also know how to apply it to provide legal services in a beneficial direction, protect the legitimate rights and interests of customers. Our company always attracts and trains human resources to become lawyers with a "warm" heart, "clean" hands and a "cold" head with sharp legal thinking plus passion, Persistence and compassion will provide you with the best quality legal services.
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