In order to successfully register an exclusive brand, the brand owner must meet the following conditions:
- Having an exclusive brand idea expressed in the form of drawings, images, holograms, of the same color or a combination of different colors;
- Exclusive brands need to be creative, new, not duplicated, easy to confuse with other brands that have been registered for protection in the past, especially not duplicated or confusing with well-known brands (because if a dispute arises, the owner of an exclusive trademark that has not been registered for protection will have no basis to protect his legal rights and interests);
- Understand the dossier, the exclusive trademark registration process and the competent state authority to grant protection titles to carry out procedures quickly, saving time, cost and money;
- Refer to the provisions of law, consult opinions, the advice of lawyers, experts operating in the field of exclusive trademark registration.
3. Exclusive brand search
Although under current law, the search for exclusive brands is not mandatory, this is considered to be the most important step, which is the basis for determining whether the exclusive trademark registration will succeed or not. Because, when looking up an exclusive brand, you will be able to check, verify whether there are duplicates or confusion with other registered trademarks, so that they can be corrected. Correct and adjust appropriate brands as a basis for successful brand protection registration.
On the other hand, if you do not conduct exclusive brand search before filing an exclusive trademark protection application, you will not be able to detect brands that have been previously registered by other individuals or organizations and have been protected by a competent state agency that is overlapping or similar or confusingly similar to the brand you intend to register (because the registration of trademark protection applies nationwide or in some cases even apply for foreign brands), then, of course, your trademark application will not be eligible for protection registration, will be returned to you and you must come back to the first step to prepare the brand.
There are two methods of trademark search:
- Basic and preliminary exclusive brand search: In this form, the time to conduct a preliminary search for a brand only takes 3 to 5 hours to search. However, this search does not guarantee that the brand is identical, similar or not because the data provided by the National Office of Intellectual Property of Vietnam on the national data website was updated before the searching time for 3 months, which means at the time of searching, new applications submitted in the last 3 months have not been updated on national data website, so it is not possible to search 100% accurately.
- Advanced and detailed brand search: In this type of search, the highest accuracy is achieved by specialists and experienced experts to ensure the success of exclusive trademark registration, the specialists and experts will assess and check the duplication, which is easy to cause confusion to have the basis to adjust the brand.
4. Where to submit the trademark registration application?
You can submit the application directly or by post or through an intellectual property agent to apply for exclusive trademark registration in one of the following three addresses:
- Vietnam National Office of Intellectual Property at 384-386, Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City.
- Representative Office of Vietnam National Office of Intellectual Property in Da Nang city: 3rd Floor, No. 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District
- Representative Office of Vietnam National Office of Intellectual Property in Ho Chi Minh City: No. 17 - 19 Ton That Tung, 7th Floor, Ha Phan Building, Pham Ngu Lao Ward, District 1
Note: The two representative offices only have right to receiving applications, the agencies competent to review and appraise the dossiers and grant the exclusive trademark protection certificates are only the National Office of Intellectual Property of Vietnam in Hanoi.
5. Exclusive trademark registration dossier
The documents and documents you need to prepare to register the exclusive brand include the following documents:
- Exclusive brand registration declaration form issued by the Ministry of Science and Technology;
- Documents on the state fee that has been paid;
- Introduction or Power of Attorney or Authorization Contract of the trademark owner for individuals to carry out procedures.
6. Exclusive trademark registration procedures
Step 1: Prepare the brand intended to register and the list of products and services to be registered
Step 2: Search exclusive brands to check for duplication, similar, confusing trademarks
Step 3: Prepare documents and complete trademark registration documents
Step 4: Apply for exclusive trademark registration at the National Office of Intellectual Property or one of two representative offices
The Intellectual Property Department's process of evaluating exclusive trademark applications includes the following main stages:
- Appraisal of the forms: An assessment of the validity of an application according to the requirements of a form, the object of exclusion, the right to apply for an exclusive trademark registration ... to make a conclusion that whether the trademark application is valid or invalid.
- Announcing a valid application: A valid application for trademark registration is published in the Industrial Property Gazette within 2 months from the date of acceptance as an exclusive trademark registration application. rate. The content of the publication of an exclusive trademark application is information related to a valid application contained in a notice of acceptance of a valid application, an exclusive brand form and a list of attached goods and services.
- Appraisal of contents: The application for exclusive trademark registration has been validated will be assessed the possibility of granting an exclusive trademark registration certificate to the object stated in the application under the conditions protection.
Step 6: Receive an exclusive trademark protection title
7. How long does it take to register an exclusive trademark?
According to the provisions of the current law, the National Office of Intellectual Property will process and evaluate trademark registration dossiers exclusively with each period as follows:
- The stage of publishing valid application is 02 months from the date of acceptance as a valid application;
- The period of appraisal of content of exclusive trademark applications ranges from 09 months to 11 months;
Thus, the total time of exclusive trademark registration from the time of filing to the granting of a protection title is from 12 months to 15 months in accordance with the law.
8. Exclusive trademark registration service of Minh Khue Law
When you use Minh Khue's exclusive trademark registration service, the work we do for you includes the following:
- Advise you on the benefits you will enjoy when registering exclusive brand protection;
- Counseling, answering problems related to the implementation of exclusive trademark registration procedures, time to register the protection of exclusive trademarks;
- Prepare the dossier, exclusive trademark descriptions submitted to the National Office of Intellectual Property;
- Advising on the advanced provisions of law to identify the exclusive brand that can successfully register for trademark protection;
- Protecting clients' rights during the application evaluation process (formality examination, publication of applications and appraisal of contents) until being granted exclusive trademark protection titles;
- Advise and guide clients to handle all problems that may arise after being granted exclusive trademark protection.
When using our exclusive trademark registration service, you just need to provide:
- Exclusive brand sample, product/service list intended to register;
- Personal information (or business information) is the exclusive brand owner such as Identity Card/Passport, address, phone number, email, business code, tax code for us to complete the declaration of exclusive trademark protection.
After receiving full information from clients, the two parties signing contracts, paying for service fees, our team of lawyers, specialists will carry out the procedures for exclusive trademark registration immediately for you and commitment to have the earliest results for clients. At the same time, we will continuously update information and application progress for our clients.
Lawyer: Le Minh Truong - Guidance on trademark registration procedures and fees
Lawyer Le Minh Truong participated in the 60-minute program opened on VTV6 - Consultation on intellectual property law
Lawyer: Le Minh Truong - Guidance on benefits when registering for trademark protection
Lawyer Le Minh Truong commented on the draft copyright on the collection fee for use rights
Lawyer: To Thi Phuong Dzung participated in answering the 24h Program about handling copyright infringement on the Internet
9. Service fees and contact information for exclusive trademark registration service
Minh Khue Law Firm's exclusive trademark registration fee depends on the number of brands and the list of products/services that clients plan to register, along with other clients' needs or requirements, Depending on different stages, the service cost will be different.
Clients wishing to use Minh Khue's exclusive trademark registration service, please choose one of two ways:
- Submit a brand name, a trademark that requires exclusive registration of our services email: email@example.com
. Our team of experienced lawyers and experts in the field of Intellectual Property will conduct specific research, analysis and advice and send detailed quotation as per your request.
Look forward to the cooperation and development from you!
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