INSTRUCTIONS FOR PROCEDURES SIGN UP
FOR LATEST EXCLUSIVE LOGO
A logo is considered a symbol of a business. Therefore, the registration of an exclusive logo in accordance with the law is extremely essential..
Image 1. Procedures for registration of exclusive logos
OUTLINES
1. Why do you need to register an exclusive logo?
2. Order and procedures for exclusive logo registration.
- Currently, when the market economy is developing more and more, especially in the field of business and production. We can easily see that each product when put on the market will be attached with a unique sign to help customers identify the product / service and distinguish the product of this business from the product of this company. other profession.
- For example: When traveling on the road, we can easily recognize the logo of HONDA and the logo of HYUNDAI for the automobile product line.
- Thus, the registration of an exclusive logo is extremely essential and gives businesses the following benefits:
- First, the logo is protected by law: Accordingly, the logo is only protected by law when it has been registered and is granted a registration certificate by a competent authority.
- Second, exclusive use, prevent unauthorized use: Suppose one day you are walking on the road and accidentally discover your logo is being illegally used by another party but do not know how to handle it. reason how? Only when carrying out the logo registration procedure will you have the exclusive right to use and prevent infringements of the rights to the registered logo.
- Third, use may be allowed on a franchising basis: Once your logo has become widely known, you may allow other parties to use this logo on a permissive basis. use and especially the user must pay you a quarterly, monthly, yearly usage fee, etc.
- Fourth, create conditions for long-term brand and logo development: It can be understood that if a product bearing a logo can develop for hundreds of years, the fact has proven a very long history of development of a product. . Therefore, when registered and protected, you are completely assured to be able to develop that product on the market.
Currently, the procedure for registration of an exclusive logo is carried out according to the provisions of Articles 108 to 119 of the 2005 Intellectual Property Law, which can be summarized by the following steps:
- Step 1: Design and select exclusive logo that you want.
- In this step, you can design your own logo. However, Thinh Tri Law recommends that you use a professional design service to be able to design the logo according to your ideas and ensure the aesthetics.
- In particular, when designing a logo, you should also consult an intellectual property lawyer to avoid the logo design but not in accordance with the law, leading to the logo being refused after the design is done.
- For example: You want to design a stylized logo from the text called VINH HAO to use for bottled water products. However, you do not conduct a search for the word VINH HAO first to see if anyone has registered yet, leading to the fact that after the design is complete, you will look up and know that the word VINH HAO has already been registered by another business.
Image 2. Exclusive logo design.
- Step 2: Look up the possibility of logo registration before applying
- According to annual statistics, the number of applications filed at the National Office of Intellectual Property is about 40,000 applications. With such a large number of applications, it is likely that some logos will be similar and may be perceived as confusing to customers. Therefore, to ensure the registrability of the logo, we should conduct a search before submitting the application.
- According to current regulations, there are 02 search methods for customers to refer to and consider:
- Free preliminary lookup on google search engine and online data window from NOIP: Accurate results 30-50%;
- Paid search from NOIP: accurate results will be over 90%.
- Step 3: Prepare application for exclusive logo registration
- The application for exclusive logo registration will include:
- Business registration license: 01 notarized copy or ID card/passport/citizen identification card to get information to prepare the application; (the purpose is to get information to prepare power of attorney and registration form);
- The product/service group will register as a basis for charging and limiting rights: For example, MAZDA will register for cars;
- Declaration for registration of exclusive logo (according to the form);
- Trademark samples: 05 samples with dimensions not less than 70x70mm;
- Power of attorney for registration (if any).
- Step 4: Submit an application for registration of logo protection at the NOIP
- Registration documents will be submitted at the National Office of Intellectual Property of Vietnam. When submitting the application for registration, the applicant should note that the Department will return a registration declaration form to be used as a backup copy and is a document proving that the application has been successfully filed at the NOIP.
- Step 5: Monitor and receive logo registration certificate
- The application for exclusive logo registration after submission will follow these steps:
- Formal examination of the application form;
- Publication of the registration application;
- Examination of the content of the registration application.
- In case the logo registration application is eligible for protection, the National Office of Intellectual Property will issue a notice of granting an exclusive logo registration certificate to the owner.
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Here is Thinh Tri Law's advice on the procedure for registering an exclusive logo. 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
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