TRADEMARK REGISTRATION: LATEST DETAILS OF PROCESS, PROCEDURES IN 2022

Trademarks are particularly significant in commercial activities because they help customers remember products and services and differentiate themselves in the market. In today's competitive economy, trademarks are easily infringed by many organizations and individuals, which affects the business activities of enterprises. Therefore, organizations and individuals need to register trademarks to be granted protection titles. So, how does the law regulate the trademark registration process? Let's find out with OTIS LAWYERS now!

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

Conditions for trademark protection in Vietnam

Trademarks are protected if the following conditions are satisfied:

• A visible sign in the form of letters, words, drawings, images, including holograms or a combination of them, represented by one or more colors.
• Able to distinguish goods and services of other subjects.

The essential conditions that every owner intends to apply for a trademark and need the trademark registration procedure smoother and faster.

Research before registering for protection

A successful trademark registration is the one that shall be granted a protection title. The object who wants to register should carry out the trademark search procedure first.

A trademark search before registration is a necessary step. Because this is a database system that helps the applicants know whether the draft trademark is likely to succeed or not. To assess the possibility of successful trademark registration, Enterprises should pay attention and carefully consider the mark they intend to register with the registered or the existing.

The majority of registrations are ejected because the intended mark is identical or confusingly similar to another.

After searching and evaluating the possibility of successful registration, the enterprise shall submit an application.

Dossiers

Dossiers include:

• 02 Registration declarations
• Power of attorney (if applying through a representative)
• Fee and charge receipts.
• Documents certifying the right of registration in case the applicant enjoys another person’s right of registration
• Sample of trademark (05 samples of size 80 x 80 mm) and list of goods and services bearing the mark
• Documents evidencing the grounds for enjoying the right of priority

. For an application for registration of a collective mark or certification mark, in addition to the documents specified above, the application must also contain the following documents: Rules on the use of the collective mark! certification mark; Explanation of particular characteristics and quality of the product bearing the mark; Map showing the indicated territory.

Registration Process

Step 1: Submit an application at the National Office of Intellectual Property and pay the registration fee

Applications can be submitted in person or by post to the NOIP's headquarters in Hanoi or 2 representative offices of the Department in Ho Chi Minh City and Da Nang.

Step 2: Formal examination of the trademark application

• In case the application is valid, the NOIP shall issue a decision to accept the valid application;
• In case the application is invalid, the NOIP shall issue a notice of its intention to refuse the valid application, clearly stating the reasons and omissions that cause the application to be rejected. Accept and set a time limit of 2 months for the applicant to comment or correct errors. If the applicant fails to correct the errors; unsatisfactory correction of deficiencies; no objections; If the objection is unwarranted, the NOIP shall issue a decision to refuse to accept the application.

If the application is found to be invalid, the NOIP must issue a notice of intent to refuse the application, fully detailing the reasons and errors that led to the applicant's rejection. Accepting and giving the applicant two months to comment or remedy problems If the applicant fails to correct the errors; unsatisfactory correction of deficiencies; no objections; the objection is unwarranted, the NOIP shall issue a decision to refuse the application.

Step 3: Publication of valid applications

After there is a decision to accept a valid application, the application will be published in the Industrial Property Official Gazette

Step 4: Substantive examination of the trademark application

The application is subject to substantive examination to assess the possibility of granting a protection title stated in the application under the protection conditions and the corresponding protection scope:

Step 5: Notice of intention to grant/reject titles

At the end of the substantive examination, the NOIP shall issue a notice of its intention to grant or refuse a trademark protection title, clearly stating the reasons therefor.

Step 6: Pay the certification fee

After receiving a notice of intent to grant a trademark, the applicant pays a fee for granting a trademark protection title.

Step 7: Issuing a certificate of trademark registration

After the trademark owner has paid the fee. The NOIP shall issue trademark protection titles within 2-3 months from the date of fee payment.

Above are 7 essential steps for trademark registration and certification. The application period is about 12-18 months from the date of receipt of a valid application. Trademarks shall be protected within 10 years from the filing date, Enterprises are able to renew their protection for 10 years each time and there is no limit on the number of renewals. Therefore, the trademark shall accompany the development of the enterprise throughout.

Consulting service on trademark registration of OTIS LAWYERS

• Legal consulting on conditions and procedures
• Consulting on trademark search, assessing the feasibility of granting exclusive protection titles.
• Drafting documents to submit at competent state agencies
• Representing client to register trademarks
• Representing clients in the entire process of establishing rights and responding to correspondence with the NOIP about trademark registration.
• Exchanging, providing information to clients during trademark registration
• Consulting, handling disputes arising and related to registration applications.

With a team of highly experienced lawyers, OTIS LAWYERS believe in providing clients with the best trademark registration service. With the simplest process; fastest receiving and processing time; most economical cost; All client information is strictly confidential.

 

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