BRAND PROTECTION REGISTRATION: MOST DETAILED PROCEDURES 2022

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Brand protection is an administrative procedure to establish brand ownership of an enterprise/individual through being granted a protection title by the National Office of Intellectual Property. Currently, there are many people facing difficulties in registering their brand protection. Join OTIS LAWYERS to learn the procedure for brand protection registration according to current law through the following article!

Legal grounds: Law on Intellectual Property 2005, amended and supplemented in 2009 and 2019

Brand protection procedures

In order for organizations/individuals to have a better understanding of the regulations related to brand protection procedures in Vietnam (or according to the law, brand registration procedures), in this article, OTIS summarize the regulations on the process of brand protection registration as below.

Before submitting for brand protection, the applicant can conduct a brand search on the data of the National Office of Intellectual Property and the World Intellectual Property Organization. Searching evaluating the possibility of granting a protection title for the brand to be registered.

After looking up the brand capable of granting a protection title, the applicant proceeds to register for brand protection according to the following steps:

Summary of steps for brand protection

Step 1: Submit a brand registration application at the National Office of Intellectual Property

  • Applicants can submit at the National Office of Intellectual Property in Hanoi or the representative offices of the National Office of Intellectual Property in Da Nang and Ho Chi Minh.
  • After submitting the brand registration application, the Department shall issue the application number and record the date of brand submission.
  • Application number and date are the most important legal basis for determining a valid application and priority date of a brand application.
  • Applicant tracks the application process through the application number and date until the brand is granted a protection title.

Step 2: Formal examination of the brand protection

  • The NOIP shall examine the application and issue a notice of the results of the formality of the application within 1 to 2 months.
  • Verifying the form of the application to ensure that the application is properly declared right group of protection registration, and legal status of the application owner.
  • Formal examination is not the basis for determining whether a brand is granted a protection title.

Step 3: The NOIP publishes the application for trademark protection in the Official Gazette of the NOIP

Within 02 months from the date of result notification of examining valid applications, the NOIP must carry out the procedures for announcing the trademark registration applications in the Official Gazette of the NOIP.

Step 4: The National Office of Intellectual Property appraises the content of the brand protection application

  • The purpose of substantive examination of the application is to assess the protection ability of the object stated in the application according to the protection conditions, and to determine the corresponding scope (volume) of protection.
  • Time to appraise the brand content: 09-12 months.
  • During the substantive examination of the application, the applicant has the right to actively amend the application.
  • The NOIP may request the applicant to correct the application, supplement documents or provide explanations.
  • When amending an application, the time limit for substantive examination is extended in proportion to the time limit for the applicant to perform such work.

Step 5: Notify the results of the content assessment to grant or not grant a brand protection title

  • In case a protection title is granted, the applicant who pays the title fee within about 2 months shall receive the brand protection title.
  • In case the application is denied, the applicant shall consider if it is not satisfactory to carry out the procedures to respond to the NOIP.

Step 6: Pay the fee for granting a protection title

If the brand is granted a protection title, the applicant shall pay a fee for the NOIP to grant a protection title.

Step 7: The National Office of Intellectual Property issues a brand protection title

Within 01-02 months from the date the application owner pays the fee, the National Office of Intellectual Property issues a protection title for the brand.

Brand protection dossier

  • Declaration of brand protection: This document will be prepared by OTIS.
  • Brand template: You only need to send the image of the brand design.
  • Information about the product group to be registered: You only need to provide information about the product you intend to register for brand protection, OTIS shall help you group it according to regulations.

Scope of brand protection

  • Each brand registration application can register many groups of products and services according to the international classification of brand registration (the Nix Classification).
  • How to calculate the fee when registering for brand protection is calculated according to the group of registered goods and services. Therefore, the more groups client registers, or a group of goods with many products and services, the more fee shall be charged. Therefore, when registering for brand protection, clients clearly define the scope of that brand for their products and services in the future to minimize the costs incurred.
  • After the brand has been registered or granted a protection title, if the owner uses the brand for new products or services, then it must be registered by a new application. The applicant cannot declare the list of products and services in addition to the submitted application or the granted protection title.
  • A company can register many different brands without any restrictions.
  • After a brand is granted a protection title, the brand owner must use the brand for 5 consecutive years. If the owner does not use it, it may be asked by other subjects to terminate the validity of the protection title.

Some notes when registering for brand protection

  • It is advisable to check the status of use of the intended brand before submitting the application for protection. Searching to avoid infringing other people's brands and wasting filing costs as well as waiting time for not being granted a protection title.
  • Should register for brand protection when starting business to avoid other entities infringing the brand, even "stealing" the brand.
  • Although the time to grant a protection title is quite long, the brand owner needs to submit a brand registration application as soon as possible. When an application is submitted early, priority is given to the applicant of that date. Applications submitted later shall be rejected.
  • If you only register to protect one option, submitting an application for protection, you should choose the color of the brand to be black and white. When registering a black and white brand, all basic colors will be protected during the future use of the brand.
  • Should choose reputable brand registration consulting firms such as OTIS Law Firm. Because these organizations have reputable, experienced, qualified experts, consultants to support. On the other hand, the application owner only needs to sign the application, the tasks of tracking the application, explanation or response shall be monitored and processed by OTIS.

For detailed information and service registration, please contact OTIS for service consulting and quote.

OTIS AND PARTNER LAW FIRM

Office address: K28 – Group K, lane 68 Trung Kinh, Yen Hoa ward, Cau Giay District, Hanoi

Email:[email protected]/ [email protected]/  

Hotline: 0987748111  Website: https://otislawyers.vn/

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