Although there are many individuals and organizations wishing to register a trademark exclusively for their products, goods, and services, but most people are worried about how long it takes to register an exclusive trademark. Is it time-consuming? Is there any benefit to register?
Minh Khue Law Firm recognizes the importance of this issue, we will help you get the best answers, which is the basis for you to proceed to register for exclusive trademark protection quickly, accurately and effectively. All procedures become simpler if you follow the process that Minh Khue Law instructs.
1. Should you register an exclusive trademark?
The answer is yes. The exclusive trademark registration always brings great benefits that the trademark owner cannot see immediately, especially when a dispute with other brands arises, at this time, the Title of Protection of the trademark will prove its important meaning.
Please do not worry about losing a lot of time, money, effort to register an exclusive trademark, and then leave it, not to use or use it but not bring any benefit. Those who have registered for exclusive trademark protection understand this issue, because only when registering successful trademark protection can the enterprise concentrate its human resources and capital to promote and develop the brand to become more and more popular not only in Vietnam but also in the world, contributing to enhancing the brand, becoming a famous brand in the world.
With a vision based on a growing market economy, we always encourage clients to register exclusive trademarks for their businesses in order to have a legal basis to ensure legitimate rights and interests for clients through competent state agencies. Because, after being granted an exclusive trademark protection title, the trademark owner is entitled to exclusively use the trademark without being violated by any individual or organization. If any infringement is committed, the trademark owner has the right to ask the competent authority to intervene in order to handle the violation and to require the infringing subject to compensate for the damage.
With an exclusive brand, clearly proving the origin of goods, of course, it always receives the trust and use of customers and partners at home and abroad. For countries around the world the registration of exclusive trademark protection is always necessary and the first job after completing that mark, to avoid copying, counterfeiting cases, which guarantees maximum rights and benefits to the trademark owner.
Lawyer: Le Minh Truong - Guidance on benefits when registering for trademark protection
2. Time for registering exclusive trademark protection
If the application is completed correctly and sufficiently, the application process for registration of exclusive trademark protection will be completed, the registration period may be shortened to the shortest possible time. Pursuant to the provisions of the current law, Minh Khue Law Firm provides information on the time for registering exclusive trademark protection in each period as follows:
2.1. Time for exclusive brand preparation
This is a period of time we estimate for you if you still have not completed the trademark you need to register because only when you have a trademark to register will you be able to complete the proprietary registration file according to the law. If you have completed the exclusive trademark, you do not need to calculate this period in the process of registering for exclusive trademark protection.
The duration for preparing an exclusive brand doesn't have a minimum/maximum limit, this time depends on the creator of the exclusive brand as well as the needs of the trademark owner who wants to register the trademark, when the owner wants to register, there will be a detailed time plan to complete the trademark to be registered.
2.2. Time to search exclusive brands
There are two ways to conduct exclusive trademark search: preliminary trademark search and intensive, formal trademark search. Depending on which method you choose will have the corresponding time, specifically:
>> See also: Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade promulgating coal trading conditions
- For search preliminary exclusive marks, the quick regular time only takes 30 minutes to several hours, and if there are many product / service groups registered for that trademark, the search will take more time, depending on each case, can be from 1 to 3 days. This preliminary search can only evaluate about 60% of the correct rate.
- For advanced trademark search, official search time will take longer because it is necessary to accurately check about 98% of duplication capabilities, similarity of the exclusive trademark intended to register compared with registered trademarks. This time of searching is usually about 05 days to 08 days.
2.3. Time to apply for registration of exclusive trademark protection
In fact, many people often think that applying for registration only needs to be submitted or sent to the post office, it is not necessary to calculate the time to register for the protection of the exclusive trademark. However, filing an application for exclusive trademark protection also depends on the application method. If the application is filed directly at the National Office of Intellectual Property, it will take one morning (or afternoon), if it is submitted by post, it will depend on the method of transfer, the time of delivery of the post office (maybe 03 to 05 days).
Note: Because the application for protection of exclusive trademarks is important, we recommend that clients should submit directly to avoid loss or misplacement. It is best to submit directly to the Vietnam National Office of Intellectual Property in Hanoi.
2.4. Time to evaluate the form of an exclusive trademark application
The time of form appraisal is usually from 1 month to 2 months from the date of submission. Therefore, it is necessary to fully and accurately prepare the dossier as required in order to achieve the highest possible of valid application form, not to be refused, requested amendments and supplements to the application for protection registration.
2.5. Time to publish an exclusive trademark application
After the application for protection of a trademark is valid, the trademark registration information including the trademark attached to the product or service of that mark will be published in the Industrial Property Gazette during the period of 02 months from the valid application date.
2.6. Time to appraise an exclusive trademark application content
>> See also: Circular No. 03/2013/TT-BCT dated February 08, 2013 of the Ministry of Industry and Trade promulgating on the operation of competitive generation market
The time to evaluate an exclusive trademark application content is considered to be the longest period of the exclusive trademark registration process for about 9 months to 12 months, because during this period, the competent entities must consider is the application for protection duplicated, similar, confusing with well-known brands or with other proprietary trademarks that have been registered for protection before? Are conditions for protection of trademarks satisfactory? Therefore, this content verification needs to be absolutely accurate to avoid possible future disputes.
2.7. Time of granting exclusive protection title
From the time when the application for exclusive protection of a trademark is valid in terms of content, the National Office of Intellectual Property shall notify the applicant of the fee for granting a Protection Title. The waiting time to be granted a protection title is 10 days from the full and timely payment of prescribed fees and charges.
3. Actual time of registering exclusive trademark protection
In accordance with the applicable law, as well as the information we have analyzed above for registration period from the time of filing a complete application to the granting of a patent for a trademark is about 13 months.
However, in fact, there are still applications for exclusive trademark protection that last for about 3 years, even longer because they have to reevaluate many times or the owners do not agree with the notices issued by the National Office of Intellectual Property or due to the application, the file submitted is not true, sufficient, accurate, does not fulfill the obligation to pay the state fee, the fee for granting protection titles, the time will be extended.
Therefore, the application owners should keep in mind the slightest formality problems, application content to limit the risk of the application to be returned or required additional amendments, The most important phase is the brand searching phase to assess discrimination, overlap with other brands.
>> See also: Decision No. 06/2012/QD-TTg dated January 20, 2012 of the Prime Minister on consultation with the business community on international trade agreements
Lawyer: Le Minh Truong - Guidance on trademark registration processes, procedures and fees
4. Exclusive trademark registration service of Minh Khue law
Along with a team of experienced lawyers, senior experts in the field of Intellectual Property, especially in providing exclusive trademark registration services, Minh Khue Law Firm always receives trust, satisfaction from clients in all regions of the country. In particular, the service we provide is as follows:
- Providing legal advice to clients about their benefits when registering for exclusive trademark protection;
- Advising and guiding clients to carry out procedures for searching preliminary marks on Industrial Property Portal;
- Perform intensive brand lookup upon clients' requests;
- Advising on the provisions of the law relating to procedures and time when competent state agencies process the registration of exclusive trademark protection;
>> See also: Decision No. 19/2006/QD-BTM dated April 20, 2006 of the Ministry of Trade controlling the import of sugar in 2006
- Performing the work of preparing dossiers and describing trademarks;
- The authorized representative of the client submits the application for exclusive trademark protection at the National Office of Intellectual Property of Vietnam;
- Coordinating and guiding clients to monitor and respond to the National Office of Intellectual Property written notices at the request of customers;
- Providing legal advice in the registration of exclusive trademark protection to identify trademarks that are capable of registering for exclusive protection successfully;
- Consulting and answering all problems of clients during the process of preparing registration documents for protection of exclusive trademarks until being granted protection titles.
In addition, we also provide other services in the field of intellectual property, you can refer to:
- Service of patent registration in Vietnam;
- Services of detection, warning and handling of infringements of Intellectual Property rights;
>> See also: Circular No. 25/2015/TT-BCT dated August 03, 2015 of the Ministry of Industry and Trade on principles of regulation of import tariff quota for sugar in 2015
- The industrial property representation service of Minh Khue Law Firm;