Author: Table Of Contents
Minh Khue Law Firm is an intellectual property representative organization certified by the Vietnam National Office of Intellectual Property to perform activities in the field of registration and protection of intellectual property rights for domestic clients and international clients wishing to register for protection of intellectual property rights in Vietnam:
Any legal problems in the field of intellectual property, please contact 0986 386 648 to consult Lawyer online on intellectual property law, free of charge, 24/7 support. In this article, we will introduce some legal issues about procedures, documents and procedures to register trademarks (logos, brands) in accordance with current legal regulations, as follows:
1. Exclusive trademark registration procedure
Due to the characteristics of the exclusive trademark registration procedure is that the time for granting certificates (returning results) is quite long compared to some procedures for applying for permits and other administrative procedures.
For example:
- Time limit for granting citizenship cards in cities and towns shall not exceed 07 working days for new and amending case according to the provisions of Article 25 The time limit for granting, renewing and re-granting citizens of the Citizen Identity Law 2014 signed on November 20, 2014;
- Time limit for granting Copyright Registration Certificates and Related Rights Registration Certificates in accordance with Article 52 The time limit for issuance of Copyright Registration Certificates and Related Rights Registration Certificates of Law on Intellectual property, amended in 2009 is 15 working days from the date of receipt of a valid application.
Meanwhile, the time for granting trademark protection titles according to the provisions of Intellectual Property Law is 9 months, in which there are 3 stages that need to be taken by the Applicant (Clients) and the results could be:
1.1 Four stages to carry out exclusive trademark registration procedures
Stage 1: Stage of accepting forms. When the Applicant (Client) submits the application within 1 month from the date of filing the application, the form of the application is examined, at that time the Applicant will receive the Decision of accepting the form of the filed application. (According to Article 119. Time limit for processing industrial property registration applications of the Law on Intellectual Property 2005, amended in 2009).
Stage 2: The period of publishing the application. When the Application Owner receives a decision to accept the form of the application, within 2 months from the date of acceptance of that valid application, the filed trademark registration application shall be published in the Industrial Property Gazette (According to Article 110. Publication of industrial property registration application of the Law on Intellectual Property Law 2005, amended in 2009).
Stage 3: Content appraisal stage. When the Application Form of the Applicant (Client) is published in the Official Gazette of the National Office of Intellectual Property, the period of time to appraise the contents of the Application is 6 months from the date of publication of the application.
Stage 4: Granting certificate stage. At the end of the appraisal process, the National Office of Intellectual Property will notify the applicant, the representative of the Applicant about the granting of application, expressed through the Notice of issuance of certificate together with the amount of fees and charges to grant a certificate to the scope of registration that the applicant has submitted.
The period takes place within 1 month from the date of issuance of the certificate.
Thus, according to the usual regulations, the time to receive a certificate is 9 months in accordance with the Law. However, the actual time period may be extended due to reasons: the application form is not complete in the first stage, the application has not been accepted immediately after submission and needed to be supplemented or corrected to be accepted form; Stage 3 in the process of content examination cause rejections, criticisms and replies to that application to protect the initial registration viewpoint; At the same time, it does not exclude reasons that the large number of applications, backlogs and complexity of applications, changes in assignment, work position in National Office of Intellectual Property leading to the delay in processing the certificate (Results of administrative procedures).
However, it needs to be noted that: The validity period of the certificate (result) is calculated from the priority date (the first filing date). Therefore, the implementation of step 1 - searching the brand, the determination of brand discrimination is extremely important. This saves costs, and is more reassuring after the waiting period, Clients (Application Owners) will often get the expected results right from the time of submission of the application or at least the equal to the expectation of the Clients (the Owner) or and anticipating the advantages and disadvantages that have their original brand, whether the ideas or intentions are feasible.
Here is a typical example
The filing date is August 1, 2013
The date of issuance of the certificate is 18.05.2015
The validity of a diploma is valid from the date of filing the application which means the Certificate takes effect from August 1, 2013.
After August 1, 2013, all applications that wish to be considered for certificate must consider this control label.
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That means within 03 months from the filing date of the trademark application, that application will be published in the Digital Library of the National Office of Intellectual Property and be known and searched for the trademark to be registered.
The National Office of Intellectual Property's digital library is public, so anyone can look up the trademark that they want to register.
Because of these reasons, Minh Khue Law understands that in order to register an exclusive trademark, it is necessary to follow 2 steps:
1.2. Two steps for exclusive trademark registration
Step 1: Search the brand
In order to search for a trademark, it is necessary to determine the new brand's distinctive ability against the trademark that has been filed with the previous Intellectual Property Department and to see if the trademark is able to register or not and estimate the ability to register?
This search is investigated and verified carefully by Minh Khue Law before giving advice, or recommending that clients make registration immediately or need to modify the trademark before making the registration.
Task 1: Implementing the search, determining the discriminatory ability of the trademark that the Client intends to register by searching and comparing the trademark on the digital library of the National Office of Intellectual Property.
In order to carry out this step, Minh Khue Law Staff needs to identify the scope of registration for exclusive trademark protection that clients want to aim at. Which means staff need to classify the products or services that the trademark' owner wants exclusive protection.
The reference document for the implementation of the classification up to the present time in 2019 has been updated as Appendix 11. Nice Classification 11-2019 as a basic document for identifying group of products and services for exclusive protection.
Also in the above example, the brand: Minh Khue
Protection scope: Class 45
Class 45 specifically: Intellectual property consultancy; Copyright management; licensing of intellectual property; monitoring intellectual property service; legal research services; litigation service.
Task 2: Deploying in-depth search, identifying the discriminatory ability of the brand that the Client intends to register by searching in depth, looking up and consulting the high-level experts of trademark appraisal to make recommendations about trademark registration capabilities. The implementation of this task is more accurate due to the experience of the Appraisal Expert providing higher precision advice for whether the trademark is able to register.
Step 2: Conduct trademark registration
Application for registration
+ Declaration of trademark registration (understood as the declaration of the applicant requesting the issuance of a certificate of exclusive trademark registration, company logo, brand) (the dossier is prepared and completed by Minh Khue Law) )
+ Business registration certificate of the organization wishing to register, such as Business Registration Certificate of the Applicant (send scanned copy via email so Minh Khue Law will have a basis for completing the trademark registration declaration correctly according to the Application Owner's information).
+ Sample of trademark/brand/logo, the trademark size not less than 80mm x 80mm. A standard trademark/logo/brand sample includes three main components: 1. Image part; 2. Text part; 3. Slogan. You can refer to famous brands in Vietnam on how to design the company logo (note that this sample can be sent via email or can be directly printed by the Client (the owner) and returned to the Minh Khue Law to put in the file submitted at the Intellectual Property Department)
2. The work of Minh Khue Law Firm
2.1. Advice before registration
- Advising on the classification of exclusive protection of brand logos according to the Nice 11 -2019 classification table of International.
- Advising businesses to adjust the brand logo when a similar situation occurs with the registered trademark logos.
- Designing new logos for businesses based on preliminary search results to avoid duplication when registering protection.
- Counsel the description of the registration logo in the most accurate way to absolutely protect the meaning and presentation of the logo.
- In addition, we also support counseling and registration of product brand protection, packaging labels, product designs, ....
2.2. Establish a registration dossier
- Prepare a registration form for exclusive trademark/company logo/brand.
- Print samples of trademarks.
2.3. Proceed to Register
- Proceeding to apply for registration of trademark logo protection at Vietnam National Administration of Intellectual Property within 01 day (from the date of signing the dossier).
- Transfer the declaration file with the seal of Vietnam NOIP to the enterprise within 01 day.
2.4. The process of tracking registration records
- Follow up the process of announcing formality tests, content tests, notification of disputes, announcements of diplomas.
- Prepare a written reply, responding to the official notice of the National Office of Intellectual Property.
- 07 days: Establishing priority of registering trademark logo at Vietnam NOIP
- 01 month (from this date of filing): Receive written notice of acceptance of a valid application of Vietnam NOIP.
- 06 months (from the date of publication in the Official Gazette of the National Office of Intellectual Property): Notice of Certificate of Vietnam Intellectual Property Department.
- The certificate is valid for 10 years from the date of registration and is valid throughout the territory of Vietnam (extended for 10 years for each extension).
3. Service cost of Law Minh Khue
- The cost of Minh Khue's service package is 3.360.000 VND / brand (for 01 group with 06 products / services under Nice XI Classification of trademark) (The above service fee includes state fee, fees for granting protection titles)
Contact now with a lawyer to register for exclusive protection of trademarks, company logos, trademarks, call: 0986 386 648 (Meet Lawyer: To Thi Phuong Dzung) for advice and supply information about the most professional services of trademark/brand logo registration.
Or send a logo, brand name that requires exclusive registration to emai: lienhe@luatminhkhue.vn. Our team of experienced lawyers and consultants will analyze and advise you in detail and send detailed quotation as required by you!
4. Why should you use consulting services to register for exclusive trademark of Minh Khue Law Firm?
We have the most experienced lawyers and legal experts in the field of Intellectual Property.
We assign the work of all levels of employees to carry out the trademark search procedure before giving advice and recommendations about should it be changed or not and what should be changed in the original trademark for registration capability.
In this process, there already have been 2 activities of trademark search processing: preliminary search and advanced search.
In which the preliminary search ability is analyzed and used the main source from the Intellectual Property Department's Digital Library and it is possible that the exact result is 60%.
This determination needs to require the ability of people to do quick search, look up, and meticulously consider the Vietnamese and English language, which are the two most basic languages when conducting preliminary search.
At the same time, searching staff are those who have the knowledge and orientation of the lawyer's profession so what factors and details to evaluate how, why? the trademark is similar or misleading or overlapping is considered carefully by the Minh Khue Law before making recommendations based on Article 74 Determining the Trademark's Discrimination Ability of the Law on intellectual property in 2005, revised in 2009 and followed the guiding circulars based on the following elements: structure, content, pronunciation, meaning (for word marks) and the expression of signs (for marks of both text and image)
(This is partly confirmed through the participation of key television programs on intellectual property rights in Vietnam of Vietnam Television (VTV1, VTV6, VTV2) and stations of the provinces).
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
With experience and a deep understanding of the law in the field of intellectual property, Minh Khue Law Firm is committed to providing consulting lawyers services and implementing exclusive trademark registration procedures with the best quality to bring client satisfaction. Clients wishing to use the service please contact us directly:
MINH KHUE LAW CO., LTD
Phone requests for legal counsel services, call: 0986 386 648 (meet Lawyer To Thi Phuong Dzung)
Send advice or service request via Email: lienhe@luatminhkhue.vn
For further information, please contact us directly for advice!
Best regards ./.
Lawyer: Le Minh Truong - Intellectual Property Law Firm - Minh Khue Law Firm
