In order to protect the best rights for a trademark owner, it is necessary and most urgent to register exclusive trademark protection at the National Office of Intellectual Property. Minh Khue Law Firm will guide clients to register for exclusive trademark quickly - efficiently - economically.
With a team of professional and experienced lawyers in the field of registration of exclusive trademark protection, we will guide our clients to register exclusive trademarks so that clients can register their trademarks themselves simply, quickly and effectively in order to protect exclusive trademarks.
1. Is trademark registration compulsory?
For many products and services, especially famous products, goods and services, the trademark is always a distinguishing feature to identify products, goods and services in the same group of goods/products/services. Therefore, exclusive trademark registration is always necessary to attract investment, attracting customers to use products/services.
Under current Vietnamese law, exclusive trademark registration is not mandatory and does not contain any enforcement or sanction regulations for the non-registration of trademark protection for products and services. However, associated with the development of the international integration economy, foreign countries tend to expand the business market and Vietnam is no exception, the State always encourages to attract investments in a number of categories to grow the country.
Therefore, there are also countless foreign goods and products imported into Vietnam, making the division of market, consumers also have more choices. If clients do not timely register for the protection of their exclusive trademark, it will easily lead to the existence of counterfeit and fake goods, poor quality goods or duplication and use of trademarks without permission ... At that time, if the trademark owner has not registered for protection, there will not be any basis to ask the competent state agency for protection.
Accordingly, although the law does not stipulate a compulsory procedure for trademark registration, to ensure the rights and interests of trademark owners, we recommend that client shoudl carry out the procedure of registration for trademark protection.
2. Benefits of exclusive trademark registration
>> See also: Register exclusive trademark of services of sales of goods, advertisement, business management, transaction management, office operation
After registering an exclusive trademark at the competent state agency, the trademark owner will receive some of the following basic benefits:
- The owner of an registered trademark will be protected by the law and competent state agencies, notifying infringements of other individuals, agencies and organizations;
- The trademark owner will be entitled to use the exclusive trademark for the group of products/services that he/she has registered, any infringement acts such as copying, using, ... without consent of the trademark owner, the trademark owner has the right to request a competent state agency to handle and request the subject to infringement on compensation;
- Along with the use of exclusive brands, of course, consumers will know and distinguish trademarks with other common brands, if used stably and in a long term, many customers will use it and accompany with the development and popularity of that brand;
- Due to the development of information technology, it is very simple to look up the origin of goods, then, the exclusive registration of the trademark will be an affirmation to consumers that the goods have clearly the origin, creating absolute trust for consumers.
Exclusive trademark registration service, please call: 1900.6162
3. Processing Time for exclusive trademark registration
3.1. The preparatory phase of the exclusive trademark intends to register
The time to prepare an exclusive trademark intended to register is not regulated by law, but in fact depends on the idea, the demand as well as the intention of the owner of the exclusive trademark to register the trademark.
During this period, the creation of an exclusive trademark always accompanies the products group or goods group or service group, as well as the meaning of the trademark that the owner intends to register. Therefore, creating a trademark is fast or slow depending on the idea of the trademark creator.
3.2. The trademark searching phase
During this period, the owner of the exclusive trademark has created and completed his/her trademark, based on the completed trademark, we will conduct trademark search for appraisal, check whether the trademarke is a duplication, similar or confusing with the previously registered trademarks. The search for exclusive trademark can be carried out in two ways as below:
Method 1: Preliminary search the trademark
The quick searching procedure only takes 30 minutes to 1 hour, may be about 1 day to 2 days. This searching time depends on the type of trademark that includes the full image, text and slogan or only one of these three elements. If there is a image, the lookup usually takes more time than searching the text and Slogan.
Preliminary search has the advantage that quick and free search but, of course, if it called "preliminary", it cannot be 100% accurate, the rate of duplication, or not, cannot be exactly determined because there are trademarks that have applied for protection but have not been published on the Industrial Property Digital Library, so they cannot be checked accurately.
Method 2: Official search the trademark
The processing time to offically look up the trademark can take from 3 days to 7 days, depending on the trademark, the product/service group registered for that trademark. This offical search for trademark will be consulted by experts experienced in registering trademark protection for clients with an accuracy of up to 98% or higher.
The higher the rate of trademark search, the higher the rate of successful registration. Therefore, we encourage clients to use the official brand lookup service to save time and costs, avoid the case of being denied applications due to duplication, similar, confusing.
3.3. Filing stage
- If the application is filed directly at the competent authority which is the National Office of Intellectual Property or through one of two representative offices in Da Nang City and Ho Chi Minh City, the submition time will be only one morning (of afternoon). .
- If the application is submitted by post or courier, the submition time will be longer, depending on the shipping time of the post office.
- Applying through an intellectual property representative organization, the service provider will carry out procedures for clients, you do not need to travel around, nor go directly to submit, just provide a Power of attorney for Intellectual Property representative organization.
3.4. Appraisal stage of the form of trademark application
The time of the National Office of Intellectual Property appraises the form of trademark registration applications is from 1 month to 2 months in accordance with the law.
During this period, the competent state authority will assess whether the application for protection of the trademark is true, sufficient and accurate. In which, there is a major appraisal of how to present and record information of the categories in a trademark registration form, if the information is incorrectly declared, of course the application will be rejected and sent back to the owner. If the application is valid, the National Office of Industrial Property will issue a valid application and publish the Official Gazette.
3.5. The period of posting statements in the Industrial Property Gazette
Exclusive trademark registration applications that are accepted as valid application after the form have been appraised and it will be published in the Industrial Property Gazette within 2 months from the date the proprietary trademark application is accepted as a valid application.
The content of the publication of the application for exclusive trademark registration is information including: Sample of trademark, List of products/goods/services attached.
3.6. Period of content examination of applications for exclusive trademark registration
The time for content examination of a trademark application is about 9 months to 12 months from the date of publication.
This is the longest period in the exclusive trademark registration procedure because this is the most important stage, which is the basis for the National Office of Intellectual Property to decide whether or not to grant a certificate of protection for an exclusive trademark. The NOIP will check for duplicates, similar to previously registered trademarks, if the applicant has conducted a formal search, this issue does not need to be worried.
During this period, the owner of an exclusive trademark application will receive one of the following two results:
- If the application is valid, there will be a valid application notice and a notice of payment of the fee for granting the protection title, and transfer it to the stage of receiving the protection title;
- If the application does not meet the conditions for granting a protection title, the National Office of Industrial Property will issue a notice to refuse to grant a Protection Title to the applicant. In this case, if disagreeing with the decision of the National Office of Intellectual Property, the applicant may submit a complaint according to the provisions of law.
3.7. The stage of receiving the Certificate of exclusive trademark protection
During this period, the application owner will pay the fee for granting the exclusive trademark protection title in accordance with the law. After that, the National Office of Intellectual Property will issue an trademark protection certificate to the applicant.
The time in this period is fast or slow depending on the fee and isuing of the Protection Title, usually about 1 month.
>> Thus, the total time to register a exclusive trademark ranges from 12 months to 15 months.
4. Exclusive trademark registration service of Minh Khue Law
In today's developed economy, it is not too difficult for clients to find an exclusive trademark registration service provider. As a specific service, exclusive trademark registration will take a lot of time and cost if the client does not have a right choice, because for this type of service, the service provider is required to be highly specialized, have a lot of experience, soft skills in the practical process to meet the needs of clients.
Minh Khue Law Firm with over 10 years of operation in the field of Intellectual Property, we have successfully registered thousands of exclusive trademark for clients both at domestic and abroad. The work we do:
- Free legal advice through hotline 1900.6162
all legal problems related to the Law on Intellectual Property, including advice on exclusive trademark registration such as records, orders, procedures, conditions and requirements for exclusive trademark registration, exclusive trademark registration time, ...
- Conducting preliminary trademark search and trademark lookup for clients, appraising and examining the ability to discriminate, the ability to duplicate trademarks that clients intend to register;
- Advising and guiding clients to adjust, modify and supplement trademarks to increase the possibility of successful registration of trademark protection;
- Drafting and reviewing applications for protection of trademarks and completing trademark registration dossiers strictly according to law provisions;
- Monitoring the progress of dossiers, solving problems arising in each stage including: appraisal of applications, publication of applications and verification of contents of applications for protection of exclusive marks;
- Receive and transfer exclusive trademark protection certificates for clients;
- Consulting and answering legal issues after being granted exclusive trademark protection.
5. Benefits of clients when using the exclusive trademark registration service of Minh Khue Law
- Detailed, accurate and enthusiastic support from a team of experienced lawyers, experts and professionals;
- Intensive consultancy, increasing the ability to protect exclusive trademarks with high rates;
- Representing clients, implementing services in the most dedicated attitude;
- Reasonable expenses, commitments without surcharge;
- Time to resolve quickly, effectively, maximizing savings time for clients, committing to handing over the Title of Protection in accordance with the agreed time in the service contract.
The above benefits are partly confirmed through the participation of key television programs of Vietnam Television (VTV1, VTV6, VTV2) on intellectual property rights in Vietnam:
Contact information to use the service: Minh Khue Law Limited Company
Address: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.
Phone number for lawyers: 0986 386 648
- Lawyer To Thi Phuong Dzung
Looking forward to receiving cooperation from customers soon!
Intellectual Property Law Division - Minh Khue Law Company
>> See also: Register a trademark protection for pharmaceutical products and dietary supplements in Vietnam?