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In order to have a firm foothold for businesses in today's developed economy, businesses need to have an exclusive trademark/brand for their own businesses. Therefore, the registration of trademark protection is absolutely necessary and is an indispensable need of businesses.
Minh Khue Law Firm is a reliable choice of businesses when they need to register for exclusive trademark protection. We will guide clients on how to register and protect exclusive trademarks for businesses through this article so clients can refer and use the service when needed.
1. Benefits of trademark registration, exclusive trademark protection for businesses
Why does the law not require to register for exclusive trademarks? Why do exclusive trademark registrations for businesses take a lot of time and effort, but do business owners still want to register their trademarks? The answer is simple because there are so many benefits that business only can receive when registering exclusive trademark protection for a business can it be, specifically:
- Current law on intellectual property does not have compulsory regulations but if the enterprise does not voluntarily register to protect the trademark of enterprise, there will be no legal basis for the law, the competent state agency to protect legitimate rights and interests of the enterprise when a dispute occurs. The registration of protection of exclusive trademarks for enterprises is the legal basis for the law to protect legitimate rights of enterprises;
- Through the registration of exclusive trademark protection for enterprises, the owner of a trademark has the right to request other individuals, agencies, organizations and enterprises to terminate the use of the trademark without permission. If they do not voluntarily terminate the infringement, the owner of the exclusive trademark has the right to request the competent state agency to intervene and handle the violation in accordance with the provisions of law and the invader violations of trademark ownership which cause damage to trademark owners must compensate for such damage;
- Exclusive trademark registration for businesses will create a trust for consumers, prove the origin of goods, contribute to promoting the development of enterprises so that the brand of the business becomes into a famous brand, many people believe to use in the future.
2. How to register for exclusive trademark protection for businesses
In order to be able to register for exclusive trademark protection for enterprises quickly, efficiently and cost-effectively, the owner of an exclusive trademark needs to know all the processes, order and procedures to register exclusive trademarks for enterprises in accordance with current laws as well as based on the actual situation. Accordingly, first of all, enterprises need to be able to prepare exclusive trademarks for enterprises, without duplication, similar or easily confusing with the brands of other businesses, individuals, agencies and groups that have been registered for protection before. At this time, an enterprise with an exclusive trademark intends to register will in turn perform the following procedures:
2.1. Search and adjust brands
In this step, businesses need to conduct a preliminary search or advanced search for trademarks that are the basis for verifying whether the exclusive trademark of the enterprise that intends to register is similar to other trademarks or not, thereby adjusting the trademarks accordingly to be able to register trademarks successfully. Because if there is a duplicate or similar or easily confusing trademark, the application for the protection of an exclusive trademark for the business will be rejected.
2.2. Prepare a dossier for registration of exclusive trademark protection for enterprises
A dossier of registration for protection of exclusive trademarks for enterprises includes the following basic papers:
- Declaration of registration for protection of trademarks for enterprises according to the provided form;
- Trademark sample of the enterprise provided (printed on paper);
- Papers and invoices proving financial obligations to state agencies and state fees when requesting protection of trademarks for enterprises;
- Power of attorney for individual representatives to carry out procedures for registering exclusive trademark protection for enterprises;
- Other documents if available in some cases such as documents on the inheritance, industrial property transfer contract, ...
Note: In this stage, the client should prepare the truest, most sufficient and accurate documentation to avoid the case of being denied an application for exclusive trademark protection for the enterprise during the formal examination of the application registration.
2.3. Apply for exclusive trademark protection for enterprises
The client submits an application for registration of exclusive trademark protection for the enterprise at the National Office of Intellectual Property of Vietnam by directly or by post or through an industrial property representative organization at address 384-386 Nguyen Trai Street, Thanh Xuan District, Hanoi City, Vietnam.
2.4. Track records during the period of formality appraisal, publication and content appraisal
After the applicant registers to protect the trademark or individual authorized by the application owner to register the trademark protection, he/she shall file an application with the National Office of Intellectual Property of the National Office of Industrial Property (NOIP), the NOIP will perform the following tasks:
- Verification of the application form: If the application is wrong, incorrect or incomplete, it will be rejected and notified to the applicant. On the other hand, if the application meets the conditions of no duplication, similar or confusing, it will receive a notice of application for exclusive trademark protection for a valid enterprise;
- Publication of the application on the Industrial Property Official Gazette from the time of notification of valid applications;
- Verification of the content of the application: If the application meets the criteria, it will be granted a protection title. If the application does not meet the conditions, the application will be rejected.
- In the period of monitoring the progress of the records, clients should closely monitor the records, receive information, send official letters and respond or adjust, modify, supplement the application in a timely manner, ensuring the progress of the application.
2.5. Receive exclusive trademark protection for enterprises
From the time of notification of a valid application, the applicant will proceed with the payment of the fee for granting protection title as prescribed and receive the title of protection. The owner of an application may come to receive the certification directly or request the National Office of Intellectual Property to deliver it to the address in the registration form for registration of trademark protection.
3. Time for exclusive trademark registration for businesses
The total time for exclusive trademark registration for businesses usually lasts from 12 months to 15 months, in fact, depending on each case may be longer. In which:
- Time to search and adjust the trademark is 03 days to 05 days;
- Application submission time: one morning/afternoon if directly submit, from 2 days to 5 days if send through the post;
- Time to appraise the form of registration is about 1 month to 2 months;
- The time to publish the exclusive trademark on the Industrial Property Gazette is 02 months;
- The time for content examination of applications for exclusive trademark protection for enterprises is 09 months to 12 months;
- Time for granting protection titles is from 10 days to 25 days.
4. Exclusive trademark registration services for enterprises of Minh Khue Law
Minh Khue Law Firm provides the service of registering exclusive trademark protection for business, fulfilling all procedures for customers. When clients carry out the procedure of registering exclusive trademark protection for our business, the work that we do is as follows:
Step 1: Conduct a preliminary assessment of the possibility of registering exclusive trademark protection for businesses
- Case 1: If the trademark is capable of distinguishing or not being able to distinguish it from other registered trademarks according to our recommendations, but clients still want to register for trademark protection for businesses, you will continue to step 2 and step 3.
- Case 2: If the trademark is unable to distinguish according to our recommendations and clients do not want to continue registering the trademark protection, the contract between the parties will be liquidated.
Step 2: Prepare documents to apply for registration of exclusive trademark protection for enterprises at the National Office of Intellectual Property
Step 3: Coordinate, monitor trademark status after filing an application for exclusive trademark registration for enterprises at the National Office of Intellectual Property.
Responsibilities of Minh Khue Law Firm when clients use our services:
- Advise clients on the benefits when registering for trademark protection for enterprises, procedures and time for the registration of exclusive trademark protection for enterprises;
- Prepare the document, describe the exclusive trademark of the enterprise submitted to the National Office of Intellectual Property;
- Coordinate to monitor, respond to and respond to the National Office of Intellectual Property written notices upon your request. Or advise and guide clients to draft a response letter at the request of customers;
- Advanced legal advice to identify whether the trademark is capable of registering the highest successful protection when registering;
- Protecting the best interests for customers, advising all relevant legal issues for customers during the application process until being granted a protection title;
- Consulting and answering problems arising after being granted exclusive trademark protection for enterprises.
5. Why should we choose the exclusive trademark registration service for enterprises of Minh Khue Law?
Clients have a lot of choices to get a service provider in order to register exclusive protection for their trademark. Minh Khue Law Firm is also just one of these service providers, however, when clients use the exclusive trademark registration service for our company, clients will receive these groundbreaking benefits that other units cannot provide, that is:
- Minh Khue Limited Law Company is granted a certificate of operation by the National Office of Intellectual Property as an industrial property representative organization, we can represent clients in domestic and abroad, including clients in foreign countries to register for exclusive trademark protection for enterprises;
- A team of highly qualified lawyers, experienced experts, able to communicate English and Japanese well, dedicated to clients;
- Consulting, answering and implementing services for clients quickly, effectively, saving time and costs;
- The cost of service is fixed, no surcharges, clients only need to provide information and sample of the business trademard to be registered, we will perform the rest for you.
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: 1900.6162 - Lawyer To Thi Phuong Dzung
Email service: [email protected]
Looking forward to receiving cooperation from customers soon!
Intellectual Property Law Division - Minh Khue Law Company
Liên hệ Luật Minh Khuê
- 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
- Decree No. 02/CP dated January 05, 1995 defining the commodities and services banned from commercial business, and the commodities and services allowed for commercial business under certain conditions on the domestic market
- Decision No. 9428/QD-BCT dated December 13, 2013 of the Ministry of Industry and Trade approving the plan for developing the Nation-wide exhibition fair center system to 2020, with a vision to 2030
- Decision No. 91/2005/QD-BTC dated December 08, 2005 of the Ministry of Finance issuing regulations on financial management of business activities of games with prizes
- Circular No. 04/2007/TT-BCT dated October 22, 2007 of the Ministry of Trade and Industry guiding the coal trading conditions
- Decision No. 115/2008/QD-TTg promulgating the Regulation on publicity of the management and use of state property at state agencies, public non-business units and organizations assigned to manage and use state property
- Circular No. 07-NH/TT dated October 29, 1993 of the State Bank guiding the implementation of the Regulation No. 63/CP dated on September 24, 1993 of the Council of Minister about the state management on gold business activities.
- Circular No. 74/2010/TT-BTC amending and supplementing some contents of the Finance Minister's Circular No. 116/2008/TT-BTC of December 4, 2008, guiding customs procedures for goods processed for foreign traders
- Circular No. 07/2012/TT-BCT dated April 04, 2012 of the Ministry of Industry and Trade defining the energy labeling for means and equipment using energy
- Official Dispatch No. 11684/BTC-TCT of September 16, 2005, guiding the business income tax
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