The protection of intellectual property rights is one of the most important tasks of the enterprise. Minh Khue Law Firm is committed to providing prestigious quality services to domestic and foreign enterprises:
I. What is a trademark?
Trademarks are signs used to distinguish goods or services of the same kind from different production or business establishments. Brand names may be words, images, or combinations of words. Words and images are represented by one or more colors. Trademarks, service marks, collective marks, block trademarks are protected. The duration for trademark registration is 12 months. The duration of protection of trademarks is 10 years and may extend many times, each time up to 10 years.
>> Call the lawyer for consultancy on intellectual property: 0986 38 66 48
II. Regulations on the use of collective marks must have the following principal contents:
- The name, address and grounds for establishment and operation of the collective organization being the owner of the mark;
- Criteria for becoming a member of a collective organization;
- List of organizations and individuals are allowed to use the trademark;
- Measures to handle violations of the trademark use regulation.
III. Regulations on the use of certification marks must contain the following principal contents:
- Organizations and individuals who own the mark;
- Conditions for using the mark;
- The characteristics of goods and services certified by the mark;
- Methods of assessing the characteristics of goods, services and methods of controlling the use of trademarks;
- The cost to which the mark user must pay for the certification, protection of the mark, if any.
- Based on the information, papers and documents that clients have provided, Minh Khue Law Firm will process and complete the application file for trademark protection at the National Office of Intellectual Property (NOIP).
1. Declaration requesting the grant of a certificate of registration of a trademark (made according to the set form).
2. Brand sample
3. Documents certifying the lawful right to file applications if the applicants enjoy the right to file applications from other persons (inheritance certificates, certification or agreement on the transfer of the right to file applications, including already filed applications; job or labor contract, etc.)
4. The regulation on the use of a mark if the mark claimed is a collective mark
5. A copy of the first application or certificate of display of exhibition if the application contains a request for priority right under the international treaty - 01 copy
6. Confirmation of origin, award, medal if the label contains such information - 01 copy]
7. The permit of a competent agency, if the mark on which the symbols are used, the proper name ...
8. Payment receipt - 01 copy
IV. Requirements For 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 numbers must be translated to the Arabic;
- 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.
- Declarations of product or service categories must be consistent or of the same type with the products and services permitted for business as stated in the business license or business registration certificate and must be grouped according to the classification table International products and services (under the Nitrogen Agreement)
- For samples of marks: They must be clearly presented with dimensions not exceeding 80mm x 80mm.
V. Marks are not eligible to be protected:
- Figure, simple geometry, numbers, letters.
- Symbols, drawings and common names of goods and services.
- Marks indicating the time, place, method of production, quantity, quality, nature, composition, utility, value of the description of goods, services and origin of goods or services.
- Marks identical with or similar to quality stamps, check marks, warranty marks of Vietnam and international organizations.
- The name, image and logo are similar to the national flag, national emblem, celebrity, place of Vietnam as foreign.
VI. Request information
1. The address, telephone number, fax number of the company or individual bearing the mark applied for registration, in accordance with the business registration certificate.
2. Note the color of the label if color is also an element of protection.
3. Explain the meaning of words, words and drawings shown on the mark.
4. List of products and/or services bearing the Trade Mark that have been or will be produced and traded in accordance business line of the Company.
1. A mark is only protected on the basis of a certificate of registration of a trademark issued by a competent State body.
2. Priority rights are granted to the earliest applicants of the applicants for the same Trademark.
3. The use, advertising of the Trademark, the display of the product/service bearing the Trademark, in many cases are important evidence for the registration and protection of the Trademark.
VIII. Issues you are advised:
- We will counsel you the entire legal corridor on the registration of the trademark;
- Counsel on the protection of the trademark;
- Consultancy on documents preparation for registration of the trademark;
- Advice on the protection scope of trademark;
IX: Information you need to provide to Minh Khue Law Firm, including:
- A sample 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 meaning, the Vietnamese must be translated.
- 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 contract ...) - 01 copy.
- 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 label contains such information - 01 copy
- The permit issued by a competent agency, if the mark has its own names, etc. - 01 copy;
- A list of goods and services bearing business customers bearing the trademark;
- Regulations on the use of collective marks and regulations on the use of certification marks (if any).
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
>> See also: Professional Service of invention registration, invention protection
>> See also: Prestige and high-quality legal service to register trademark protection