Geographical indications are information about the origin of the goods: words; signal; symbol; image which refer to a country, a territory, a locality where goods are produced. Minh Khue Law Firm currently provides consulting services for registration of geographical indications in Vietnam:
a. The procedure of registration
- Receipt of application: The application can be submitted directly or by mail to the head office of the National Office of Intellectual Property in Hanoi or 2 Representative Office of the Department in Ho Chi Minh City and Da Nang.
- Appraisal of application form: Check whether the formality of the application is complied with, thus concluding whether the application is considered valid or invalid.
- Issuing notice of acceptance/refusal to accept the application:
+ If the application is valid, the National Office of Industrial Property shall issue a notice of acceptance of the application;
+ If the application is invalid, the Department will issue notice of refusal to accept the application.
- Application announcement: The application is considered valid and will be published in the Industrial Property Gazette.
- Examination of the content of the application: Assessment of the protection of the subject matter stated in the application under the protection conditions.
- Issuing a decision on grant/refusal to grant a protection title:
+ If the object stated in the application does not meet the protection requirements, the National Office of Intellectual Property shall issue a decision refusing to grant a protection title;
+ If the object stated in the application satisfies the protection requirements, and the applicant pays the full fee, the National Office of Industrial Property shall issue a decision to grant the protection title and record it in the National Office of Intellectual Property, and published in the Intellectual Property Gazette.
b. Method to submit the application
- Directly at the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh City and Da Nang.
- By post.
c. Composition, number of records:
- The composition of the file, including:
+ Declaration (according to set form);
+ Description of quality / quality / reputation of the product (02 copies);
+ Map of the geographical area corresponding to the geographical indication (02 copies);
+ Voucher of fees and charges.
- Number of dossiers: 01 (set).
d. Handling time
- Appraising form: 01 months from the date of receiving the application;
- Application announcement: 02 months from the date of valid application;
- Examination of the content of the application: 06 months from the date of publication of the application.
e. Objects of implementing administrative procedures: Individuals, organizations.
f. Agency implementing administrative procedures: National Office of Intellectual Property.
g. Results of the administrative procedures:
- A decision to grant/refuse to grant a certificate of registration of geographical indications.
- Certificate of geographical indication registration.
h. Fees
- Application fee: 180,000 VND.
- Application announcement fee: 120,000 VND.
- Charge for content evaluation: VND 420,000.
- Certificate Issuance fee: 120,000 VND.
- Registration fee: 120,000 VND.
i. Name of form, declaration: Geographical indication registration form (attached form).
k. Requirements and conditions for implementing administrative procedures:
- The right to register Vietnam's geographical indications belongs to the State.
The State shall permit organizations and individuals producing products bearing geographical indications or collective organizations to represent such organizations or individuals or administrative management agencies of the localities where the geographical indications are located exercise the right to register a geographical indication.
- Conditions for protection of geographical indications:
+ Products bearing geographical indications of geographical origin from regions, localities, territories or countries corresponding to geographical indications;
+ Products bearing a geographical indication having a reputation, quality or principal characteristics due to the geographical conditions of the region, locality, territory or country corresponding to the geographical indication.
For more information, please contact: MINH KHUE LAW FIRM CO., LTD
Consult and request for Intellectual Property protection service 24/7, call 0986.386.648
Email: lienhe@luatminhkhue.vn
Look forward to cooperation with clients!
Best regards./.
Intellectual Property Department - Minh Khue Law Firm