Share

TRADEMARK REGISTRATION PROCEDURES - PRODUCT PROTECTION REGISTRATION - COPYRIGHT PROTECTION

A trademark is a sign to distinguish one business unit from another. Trademark registration is one of the important steps before entering the market. Trademark registration is not only a necessary and sufficient condition for a business but also a foundation for the development of business assets.

1. Why register a trademark?

Trademark registration is an administrative procedure conducted by a competent state agency with the meaning of recognizing ownership of a trademark.

To avoid violating other people's trademarks, there is a legal basis to protect your rights against unauthorized use of that trademark. A trademark is considered an intellectual property of a business, organization or individual. Therefore, registration is to protect the intellectual property of each individual and organization. Every business organization and individual has the right to register a trademark for their goods and services.

- For individuals and business organizations in Vietnam:

• Submit your trademark application directly to the Intellectual Property Office;
• Through intellectual property representative companies, submit trademark registration applications to the Intellectual Property Office.

- For foreign individuals and organizations specified in Article 89 of the 2005 Law on Intellectual Property , including:

• Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, and foreign organizations and individuals with production and business establishments in Vietnam shall submit applications for registration of industrial property rights directly or through legal representatives in Vietnam.
• Foreign individuals not permanently residing in Vietnam, foreign organizations and individuals without production or business establishments in Vietnam shall submit applications for registration of industrial property rights through legal representatives in Vietnam.

Thus, foreign organizations and individuals with permanent/non-permanent residence in Vietnam, with/without production or business establishments in Vietnam or not, have the right to register trademarks. However, foreign organizations and individuals need to note which category they belong to in order to determine the subject that can submit an application for registration to establish rights.

2. Trademark registration procedures

a) Trademark search: to check whether there is a trademark that is identical or similar to another entity's trademark. At the same time, to assess the possibility of the trademark being granted a certificate of protection or not.

There are 02 forms of search for customers to refer to and consider.

• Free preliminary search at the link http://iplib.noip.gov.vn/WebUI/WSearch.php National Office of Intellectual Property. You access the website: https://ipvietnam.gov.vn/ click on the "trademark" section or go to the link: http://wipopublish.ipvietnam.gov.vn/wopublish-search/
• Search with search fee from the National Office of Intellectual Property
• Or you can access the article Trademark search guide  for details.

With the large number of applications filed each year, a search is needed to ensure the ability to register a trademark.

b) Registration documents include:

- 02 Application forms for a certificate of trademark registration (according to form No. 04-NH Circular 01/2007/TTBKHCN )

- 05 attached trademark samples (the entire trademark must be presented in a trademark template measuring 80mm x 80mm. If color protection is requested, all trademark samples on the declaration and attached must be presented in the correct color to be protected);

- Documents for payment of fees and charges.

- 01 Notarized copy of Business Registration Certificate or ID card/passport/citizen identification card to get information to prepare documents (the purpose is to get information to prepare authorization letter and registration documents);

- 01 Power of Attorney (in case an individual or organization authorizes an industrial property representative service organization to submit an application)

- Other documents (if any):

• Documents confirming permission to use special signs (if the trademark requested for protection contains symbols, flags, badges of domestic and international agencies and organizations, etc.);
• Document confirming registration rights;
• Document confirming the right to register from another person;
• Documents proving priority rights (if the application claims priority rights).

c) Application form:

- Submit directly:

Applicants may submit trademark applications directly or via postal service to one of the application receiving points of the Intellectual Property Office. Specifically:

• Head office of the Intellectual Property Office, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.
• Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: 17/19 Ton That Tung, Pham Ngu Lao ward, District 1, Ho Chi Minh City.
• Representative office of the Department of Intellectual Property in Da Nang city, address: No. 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city

- Apply online:

Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System and have their account approved by the Intellectual Property Office to carry out IP registration transactions.

• First, the applicant needs to declare and submit the trademark application on the Application Receiving System. Upon completion, the applicant will receive an online Application Submission Confirmation Form.
• Within 01 month from the date of submitting the application, the applicant must go to one of the application receiving points of the Intellectual Property Office during business hours to present the Online Submission Confirmation Form and accompanying documents (if any) and pay the prescribed fee/charge. The officer receiving the application will then issue the application number to the Declaration on the System.
• In case the applicant fails to complete the application procedure, the online document will be cancelled and a Notice of Document Cancellation will be sent to the applicant on the Application Receiving System.

Note: In fact, the online application form has been applied but it has to go through many procedures (with digital signature or digital certificate), moreover, when paying fees/charges, enterprises can only transfer money through the Bank and not in other forms. Therefore, if there is a need to register a trademark, enterprises should apply directly or through the postal service.

d) Tracking of applications:

From the date of receipt by the Intellectual Property Office, the trademark registration application is considered in the following order:

• Formal assessment: 01 month
• Publication of application: within 02 months from the date the trademark application has a Decision accepting a valid application
• Content examination: no more than 09 months from the date of application publication.

In case the trademark application is eligible for protection, the National Office of Intellectual Property will issue a notice granting a certificate of registration to the owner.

Note: The term of protection of a trademark is 10 years from the date of filing (priority date). Individuals and organizations have the right to renew the protection certificate and can renew it many times in a row, each time for 10 years for all or part of the list of goods and services specified in Point a, Clause 19, Article 1 of Circular 16/2016/TT-BKHCN.

Customers need advice and procedures for trademark registration and copyright protection, please contact the following information:

NGHIA PHAT LOGISTICS COMPANY LIMITED

NP LOGISTICS CO.LTD

Head office: 14th Floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City, Vietnam.

Office: No. 67, Pho Quang, Ward 2, Tan Binh District, Ho Chi Minh City, Vietnam.

Hotline: 0917.32.46.39 - 0919.68.32.78

Mr. Jacky: 0906419936. Email: jacky.nguyen@nplglobal.vn

Mr. Kevin. Email: sales@nplglobal.vn