Counseling on registration for industrial property protection at the National Office of Intellectual Property is one of the consultancy services provided by Minh Khue Law Firm to clients in order to ensure legally ownership of the property.
Requirements for Certificate Applications:
- Each application may request only one protection title, the type of protection title requested shall be compatible with the object of industrial property stated in the application.
- All documents in the application must be in Vietnamese and presented on a sheet of A4 size paper, If the type of documents is required by the form, it is mandatory to use the forms by filling in the appropriate fields;
- The documents must be presented clearly and cleanly in the form of typing or printing with inexpensive ink, without erasure, no correction;
Application for patent:
1. The application for registration of an invention (made according to a set form)
2. Description of the invention/utility solution
3. Request for protection
4. Drawings, diagrams, calculations ... (if necessary) to further clarify the nature of the technical solution stated in the description.
5. A copy of the first application or document certifying the display of the exhibition, if the application contains claims for priority rights under international treaties.
6. Payment receipt - 01 copy
For descriptive tables: the nature of the technical solution to be protected must be fully disclosed. In the description, there should be enough information to the extent that any person with an average level in the relevant technical field can implement that solution.
The description must clarify the novelty, the level of creativity (if the object to be protected is the invention) and the applicability of the technical solution to be protected.
The description includes the following:
- International Patent Classification (under the Strasbourg Agreement);
- Name of the technical solution;
- The area in which the technical solution is used or related;
- The technical status of the above-mentioned areas at the time of filing (known technical solutions);
- The nature of the technical solution;
- Brief description of the attached drawings (if any);
- Examples of technical solutions;
- The benefits that can be achieved (the effectiveness of the technical solution).
For the Request for protection: it must be presented briefly, clearly and in conformity with the description and drawings, in which new signs of the technical solution to be protected must be clarified.
For Utility Abstracts / Solutions: To make a brief statement of the nature of an invention or utility solution, the Summary must disclose the essential contents of the nature of the solution for informational purposes.
Application for granting a patent for industrial design:
1. Declaration for the grant of a patent for an industrial design (made according to a set form).
2. Description of the industrial design
3. Photo sets or sets of industrial design drawings
4. Documents certifying the ownership of the trademark if the trademark contains trademarks - 01 copy
5. A copy of the first application or exhibit-certifying document if the application contains a claim for priority right under the international treaty.
6. Documents certifying the lawful right to file applications if the applicant is entitled to another person's application (certificate of inheritance, certificate or agreement to transfer the right to file an application, assignment or contract dynamic ...)
7. Payment receipt - 01 copy
For a description of the industrial design: a complete and clear presentation of the nature of the industrial property must be made, consistent with the set of photos or drawings and include the following contents:
- Name of the industrial design
- International classification index
- Field of use
- Similarly known designs
- Set of photos or drawings
- The nature of the industrial design (describing the basic design features of the industrial design requires protection is different from the known industrial design)
For sets of photos or drawings: must fully reflect the nature of the industrial design as described to define the scope (volume) of protection of such industrial design, specifically:
- Photographs/drawings must be clear and sharp, not mixed with other products bearing the industrial design protection requirements;
- All photos/drawings must follow the same scale. The size of each photograph should not be less than 90mm x 120mm and not larger than 210mm x 297mm.
Application for trademark protection:
- Declaration requesting the granting of Trademark Registration Certificate (made according to the set form);
- Model of the mark;
- Document certifying the lawful right to file applications, if the applicant is entitled to another person's application (certificate of inheritance, certification or agreement on the transfer of the right to file applications, including already filed applications; or labor contracts ...);
- Regulation on the use of the mark if the mark claimed is a collective mark;
- A copy of the first application or the certificate of display of the exhibition if the application contains a request for priority rights under the international agreement - 01 copy;
- Confirmation of origin, award, medal if the trademark contains such information - 01 copy;
- The permit of a competent agency, if the mark has private names ...;
- Payment receipt - 01 copy
For The Declaration:
- The description of the mark must clarify the distinctive character of the mark, which must indicate each of the constituent elements of the mark and the overall meaning of the mark. If the mark contains words other than Vietnamese, the pronunciation must be clearly stated (transcribed into Vietnamese) and if the word has the meaning, it must be translated into Vietnamese.
- If the words and expressions of protection claimed are presented in the form of pictures as distinguishing elements of labels, they must be described in the form of words or words;
- If the mark contains numbers other than Arabic numerals or Roman numerals, the Arabic numerals must be translated;
- If the mark consists of several separate parts but is used simultaneously on one product, the position of each part of the mark must be clearly stated on the product or package.
- Declaration of lists of products and services must be appropriate or the same type of products and services permitted for doing business as stated in the business license or business registration certificate and must be grouped according to the table of division International type of service products (according to the Nice Agreement)
For brand samples: must be clearly presented with dimensions not exceeding 80mm x 80mm. If the request for protection of color, all the samples of the mark must be displayed properly color protection.
D. Geographical indication registration application
1. Explanation on the specificity and quality of the products bearing the geographical indication
2. Confirmation by the competent authority that the products are produced or traded by the applicant in a specific nature and quality and produced in the territory corresponding to the appellation of origin of the goods. - 01 copy
3. A map describing the relevant territorial scope, including the indication of the place of production and business of the applicant - 01 copy
4. A copy of the Certificate of Protection issued by the country of origin or the document of the country of origin confirming the right of the applicant for the geographical indication originating from a foreign country.
5. Payment receipt: 01 copy
E. APPLICATION FOR REQUESTING THE PROTECTION TITLE:
1. Request for modification of protection title (made according to provided form).
2. The original protection title
3. Documents certifying the amendment of the name and address of the owner of the protected title - 01 copy
4. A set of photos or drawings of the plan of the industrial project to be removed
5. The form of the trademark has been modified
6. Payment receipt - 01 copy
G. APPLICATION FOR RENEWAL OF PROTECTED TITLE:
1. Request for extension of validity of protection title (made according to set form) - 02 copies
2. The original protection title
3. Payment receipt - 01 copy
H. APPLICATION FOR REGISTRATION OF CONTRACTS FOR THE TRANSFER OF INDUSTRIAL PROPERTY RIGHTS:
1. Request for registration of industrial property right transfer contract (made according to set form) - 02 copies
2. The original or copy of the transfer contract, including the appendix (if any); If the contract is made in a foreign language, the translation must be accompanied by a notarized translation - 02 copies
3. The original of the protection title (for the transfer of ownership of the industrial property object) or the copy of the protection title (for cases of transfer of the right to use the industrial property object), if the contract is a secondary license, it must be accompanied by a certificate of registration of a license agreement on the corresponding secondary. - 01 copy
4. Written consent of the co-owners on the transfer of rights if the respective industrial property right belong to more than one owner; If no agreement can be reached, there must be a written explanation of the reason for the disapproval of the remaining number of co-owners - 01 copy
5. The business license of the transferee (notarized copy) - 01 copy
6. Payment receipt - 01 copy
For more information, please contact: MINH KHUE LAW FIRM CO., LTD
Add: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.
Consult and request for Intellectual Property protection service 24/7, call 1900.6162
Email: [email protected]
Look forward to cooperation with clients!
Intellectual Property Department - Minh Khue Law Firm