Trademarks are signs of an individual or enterprise (or a group of enterprises) that distinguish their goods or services from those of other businesses. Minh Khue Law Firm would like to introduce the trademark registration procedure at the National Office of Intellectual Property:
1. Procedures for registration of trademarks:
- Receive the application: The application can be submitted directly or by mail to the 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 City.
- Appraisal of the form of the application: Examination of the compliance with the formalities for the application, thus concluding whether the application is considered valid.
- 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 a 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: Assess the possibility of protection of the object stated in the application under the protection conditions, thereby defining the corresponding protection scope.
- 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 Industrial 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 Register. on industrial property, and published in the Intellectual Property Gazette.
Lawyer, Mr. Le Minh Truong joined the 60-minute program on VTV6
2. Method of implementation:
Minh Khue Law Firm will represent clients to directly conduct procedures 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.
3. Composition and number of dossiers:
+ Declaration (02 sheets as form);
+ Brand samples (09 samples size 80 x 80 mm);
+ Relevant documents (if needed);
+ Receipt of fees and charges.
4. Time limit for process:
- Appraising form: 01 month 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.
5. Requirements and conditions for implementation of administrative procedures:
- Organizations and individuals that meet the following conditions shall have the right to register their trademarks:
+ Organizations and individuals have the right to register trademarks used for their manufactured goods or services;
+ Organizations and individuals that conduct lawful commercial activities shall have the right to register their trademarks for their products but which are produced by other persons, provided that the producers do not use such trademarks for products. and no objection to such registration;
+ Collective organizations which are lawfully established shall have the right to register collective marks for their members to use under the regulation on the use of collective marks; For indications of geographical origin of goods or services, organizations having the right to register as collective organizations of organizations and individuals conducting production and/or business in such localities;
+ Organizations which have the function of controlling and certifying quality, characteristics, origin or other criteria related to goods and services shall have the right to register their certification marks, provided that they do not conduct production and/or business activities. such goods or services.
- Conditions for protection of trademarks:
A visible sign in the form of a letter, word, picture, picture or combination thereof;
Being capable of distinguishing the trademark of the same type from another subject.