How can I register trademark protection quickly and effectively? What are processes and procedures for registering trademark protection like? Minh Khue Law Firm with many years of experience has successfully registered thousands of brands for domestic and foreign clients will answer these questions.
It is not easy to have a basis for registering successful trademark protection with the most reasonable time and cost. Minh Khue Company Limited is an industrial property representative organization licensed by the National Office of Intellectual Property, we are always the first choice and trust of clients.
1. How is trademark protection registered?
Most people hear about "brand" but no one knows or defines exactly "brand" is like? Or not understand what is "trademark protection"? Based on the provisions of the current law, there is not any legal document that defines, explain the concepts such as "brand" or "trademark protection registration".
In this article, we answer for you this problem as follows:
"Brand" is essentially a trademark of product/service that is an intellectual property belonging to an individual, organization or enterprise. "Registration of trademark protection" is understood as filing an application to a competent state agency - Vietnam National Office of Intellectual Property to grant a Protection Title to protect the legitimate rights and interests of trademark owners, is the basis to prevent acts of infringing upon industrial property rights of other individuals, agencies, organizations and enterprises.
In order to successfully register trademark protection with the final result is the Protection Title granted by the National Office of Intellectual Property, the application must undergo a difficult registration process, which is relatively long, therefore, individuals conducting procedures for trademark protection must be knowledgeable, highly specialized, and have many years of experience in this field, clearly understand the processes and procedures in order to protect trademarks, they can register for trademark protection quickly, effectively and cost-effectively, as well as save time. Minh Khue Law Firm is a reliable partner that clients can cooperate with.
2. What are the benefits of registering trademark protection?
All individuals, organizations and businesses that have legitimate commercial activities, products, services and goods shall have the right to register for trademark protection. However, Vietnamese law currently does not have mandatory regulations on registration of trademark protection, therefore, the registration of protection is entirely due to the willingness of individuals, organizations and enterprises.
Therefore, there are many individuals, organizations and enterprises that do not know the benefits of registering trademark protection at the time of the current economic development, most of them do not register in order to protect trademarks for their products/goods/services, so when a dispute arises, it is not protected by the state agency, nor is it protected by law.
As an Industrial property representative organization in Vietnam, Minh Khue Law Firm recommends that clients should register their trademark protection, for the following benefits:
- Your trademark of products/goods/services will be absolutely protected, if there is any infringement without your consent, you absolutely have the right to ask the competent state agencies to apply measures to prevent and handle violations according to law provisions;
- Trademark is one of the ways that individuals, organizations and businesses promote their brand, when customers use products/services they will always remember that brand because the brand is protected discriminating against other brands, contributing to attracting customers, attracting investors and increasing profits;
- Customers trust and have confidence when using a registered product/product/service with clear origin;
- The owner of a trademark has been registered has exclusive right to use the trademark, no individual is allowed to use, imitate, copy, counterfeit or infringe upon this trademark.
3. Where to register for brand protection?
Along with understanding the process and procedures for registering trademark protection, it is important to identify the competent agency to register trademark protection. Currently, in Vietnam, the only trademark management agency is the Vietnam National Office of Intellectual Property in Hanoi.
Not only Vietnamese individuals, organizations and businesses but also foreign individuals, organizations and enterprises have the right to register for trademark protection in Vietnam. However, for foreign individuals, organizations and enterprises, it is necessary to conduct trademark protection registration through an organization of industrial property representatives in Vietnam.
The brand owner has full control over the trademark that he/she registers when and only when he is granted a Protection Title granted by the National Office of Intellectual Property.
4. Dossier of trademark protection registration in accordance with current law
One of the important steps in the process and procedures for trademark protection registration is the preparation and completion of the trademark registration dossier in accordance with the law. The full and accurate preparation of the dossier will save time and costs for trademark owners, because if the dossiers are wrong, incorrect, inadequate or inaccurate, they will be returned and requested to amend and supplement documents.
According to the current law, the trademark registration dossier includes:
- A copy of the trademark intended to register which clearly describes the trademark including the image, text and Slogan part shown in the trademark;
- Declaration of trademark protection registration in accordance with the national application form issued by the Ministry of Science and Technology, in which, the trademark owner needs to:
+ Declare the type of trademark required to register;
+ Provide full name, address, phone number of the owner;
+ Confirm the types of fees and charges payable according to the application requesting the registration of trademark protection;
+ List the list of services / products bearing the trademark;
+ Commitment of the owner in accordance with the law;
+ The accompanying documents in the application for trademark protection such as brand name, state fee voucher, authorization letter, ...
- Documents of payment of state fees according to regulations;
- Power of attorney if available.
- Other documents applicable in each case if any, such as: Documents certifying inheritance rights, Certification/agreement of transfer of rights to apply for trademark protection, including applications filed; Copy of the first application to claim priority, ...
Register trademark protection, call immediately: 1900.6162
5. Process of trademark protection registration
Procedures for trademark protection registration include the following basic steps:
Step 1: Prepare the trademark to register, examine the discrimination ability, the ability to duplicate, similar, confusing with other registered trademarks
Step 2: Apply directly or by post or through an Industrial Property representative organization to Vietnam National Office of Intellectual Property
Step 3: Monitor the process of appraising the form of trademark protection application of the National Office of Intellectual Property
If the form of the application is valid, the National Office of Intellectual Property shall issue a valid application notice, publish it and move to the process of content appraisal.
If the form of trademark protection application is invalid, the National Office of Industrial Property will issue a notice to refuse to accept the application and specify the reason.
Step 4: Monitor the process of content examination of trademark registration applications of the National Office of Intellectual Property
If the contents of the application are valid, the National Office of Intellectual Property shall issue a decision to grant the trademark protection title; otherwise, if the contents of the application are invalid, the National Office of Industrial Property shall issue a notice denying the application and specify reason.
Step 5: Receive a trademark protection title
6. Handling time for trademark protection registration
Under the provisions of the current Intellectual Property Law, the period of registration for trademark protection is usually from 12 months to 18 months, in which:
- About 1 month to 2 months for receiving applications and appraising forms of trademark protection applications;
- After about 2 months, the National Office of Intellectual Property announced the registration of trademark protection in the industrial property newspaper;
- Finally, about 9 months to 12 months is the time for the National Office of Intellectual Property to consider and verify the contents of the application for protection registration, then grant the trademark protection title.
Note: The trademark protection title is valid from the date of issue to the end of 10 years from the filing date. When it expires, the owner can extend it further, without limiting the number of extensions.
7. Service of registering trademark protection provided by Law Minh Khue
Minh Khue Law Firm is one of the leading companies in providing trademark protection services in Vietnam. We have successfully registered for many brands for individuals and organizations in Vietnam as well as foreign individuals and organizations, always receive trust from clients, to affirm this belief, Clients can refer to the video on television channels with the participation of lawyers specializing in Intellectual Property of Minh Khue Law Firm:
Lawyer: Le Minh Truong - Guidance on trademark registration procedures and fees
Lawyer Le Minh Truong participated in the 60-minute program opened on VTV6 - Consultation on intellectual property law
Lawyer: Le Minh Truong - Guidance on benefits when registering for trademark protection
Lawyer Le Minh Truong commented on the draft copyright on the collection fee for use rights
Lawyer: To Thi Phuong Dzung participated in answering the 24h Program about handling copyright infringement on the Internet
When clients use Minh Khue trademark registration service, clients only need to provide the brand name, product list or goods to be registered and the Power of Attorney. All remaining issues we will implement, including:
- Evaluate the ability to distinguish, the ability to register trademarks for products / services;
- Prepare and complete the documents in the trademark registration dossier;
- On behalf of clients to pay state costs to complete the dossier of trademark protection;
- On behalf of clients submit applications for trademark protection at competent state agencies;
- Monitoring the progress of the application for trademark protection from the formality examination, application publication, content appraisal of the application for trademark protection;
- On behalf of clients receive protection titles and hand over certificates to customers;
- Counseling and answering all legal problems related to registration of trademark protection, or other intellectual property issues as required by customers.
8. Why should you use the trademark registration service of Minh Khue Law?
Coming to Minh Khue Law Firm, clients will receive a prestigious and high-quality service, always satisfy clients, including the most fastidious clients. Because, when using our trademark protection service, clients will receive the following benefits:
- A team of experienced and highly specialized lawyers, legal experts in the field of intellectual property;
- A dedicated service, serving from A to Z for clients: from trademark search, preparation, drafting of documents, applications, monitoring the process, revised and supplemented at the request of experts. Clients only need to receive protection titles;
- Price is fixed for each service package, do not incur any additional surcharges, the most reasonable cost for all clients;
- Easy, professional, convenient payment method for all clients;
- Brand information, personal information of clients will be absolutely confidential, committed before and after registration of brand protection;
- Commit to hand over the results on time agreed with clients in the contract.
>> Please contact Lawyer To Thi Phuong Dzung by phone number
for advice on registering trademark protection and providing information on the most professional trademark registration service.
Look forward to the cooperation of customers!
Intellectual Property Department- Minh Khue Law Company