With our many years of experience, we will provide our customers with the best legal services. Especially as Intellectual Property Representatives, we have a team of leading experts in trademark registration. Includes the following steps:
Requirements for trademark applications
In the trademark registration application dossier, documents, samples, and information identifying the trademark that needs protection in the trademark registration application include:
a) Sample of the mark and list of goods and services bearing the mark;
b) Regulations on the use of collective marks, regulations on the use of certification marks.
2. A sample of the mark must be described to clarify the constituent elements of the mark and the overall meaning of the mark, if any; If the mark contains words or phrases that belong to figurative language, those words or expressions must be transliterated; Trademarks containing words and expressions in foreign languages must be translated into Vietnamese.
3. Goods and services stated in the trademark registration application must be classified into groups consistent with the classification table under the Nixon Agreement on the international classification of goods and services for the purpose of trademark registration. , announced by the state management agency on industrial property rights.
4. Regulations on the use of collective marks include the following main contents:
a) Name, address, basis of establishment and operation of the collective organization that is the trademark owner;
b) Standards to become a member of a collective organization;
c) List of organizations and individuals permitted to use the trademark;
d) Conditions for using the trademark;
d) Measures to handle violations of regulations on trademark use.
5. Regulations on the use of certification marks must have the following main contents:
a) Organizations and individuals who are trademark owners;
b) Conditions for using the trademark;
c) Characteristics of goods and services certified by the mark;
d) Methods for evaluating the characteristics of goods and services and methods for controlling the use of trademarks;
Prepare and submit trademark registration documents
After evaluating the protection ability of the trademark, we will prepare a trademark registration application and submit it to the National Office of Intellectual Property as soon as the application is complete and valid according to the requirements of the law.
Trademark registration dossier includes:
1. Trademark registration declaration 02 copies (drafted based on information provided)
2. Brand sample size smaller than 8x8 (11 samples provided by customers)
3. Business registration certificate (notarized copy) (01 copy provided by customer)
4. Power of attorney (02 drafts)
5. Documents and fees
State fees for trademark registration
1. Application fee (for each group of up to 6 products and services): 180,000 VND2. If single document is in paper form: 150,000 VND3. If the application is accompanied by an electronic document containing the entire content of the application document: 30,000 VND4. If the trademark application has more than 6 products/services in a group, an additional payment must be made for each product/service from the 7th onwards: 600,000 VND5. Fee for requesting priority rights (per application/request): 300,000 VND6. Content appraisal fee (for each group of up to 6 products and services): 60,000 VND7. If the trademark application has more than 6 products/services in a group, an additional payment must be made for each product/service from Saturday onwards: 60,000 VND8. Information lookup fee (for each group of up to 6 products and services): 24,000 VND9. If the trademark application has more than 6 products/services in a group, an additional payment must be made for each product/service from the 7th onwards: 120,000 VND10. Registration fee for Trademark Registration Certificate: 120,000 VND11. Fee for issuance of Trademark Registration Certificate: 120,000 VND12. Fee for publication of Trademark Registration Certificate: 120,000 VND13. Validity extension fee (for each product/service group): 540,000 VND
Publication of trademark registration application
Industrial design registration applications, trademark registration applications, and geographical indication registration applications are published within two months from the date the application is accepted as a valid application.
Trademark registration application appraisal process
Application review process and deadline
After submitting a complete and valid application, the trademark registration application will be processed at the National Office of Intellectual Property in the following order:
a) Formal appraisal:
Is the assessment of the validity of an application according to the requirements of form, the subject of exclusion, the right to file an application according to the provisions of law... from which to conclude whether the application is valid or invalid. . The decision to accept the application as valid or invalid will be sent to the applicant's address to know the status of the application.
The formal examination time is 1 month from the date of application
b) Announcement of valid application:
After evaluating the formal application within 01 month from the date of application submission. If the application is decided to be formally valid, it will be published in the Industrial Property Official Gazette within 2 months from the date it is accepted as a valid application.
The content of publication of the trademark registration application is information related to the valid application recorded in the notice of acceptance of the valid application, the trademark sample and the attached list of goods and services.
c) Content appraisal:
A trademark registration application that has been recognized as valid is subject to content appraisal to assess the possibility of granting a Trademark Registration Certificate to the subject stated in the application according to the protection conditions. The appraisal of this content is to consider and evaluate the protection ability of the trademark: Form validity, distinctiveness.... according to the provisions of law.
The time limit for evaluating the content of a trademark application is 9 months from the date of publication of the application.
Any issues that need to be discussed related to the above information, please contact Phung Viet Law Office for more details.
PHUNG VIET LAW OFFICE
CN1: Ground Floor, Tedi Building, 15A Hoang Hoa Tham, Binh Thanh District, Ho Chi Minh City
Branch 2: 395B Bui Dinh Tuy, Ward 14, Binh Thanh District, Ho Chi Minh City
Tel: 028 6673 3096
Hotline: 0973 98 99 88 - 0928 987 321 - 0989 022 851
Website:
http://www.luatsu.eu/
http://www.luatsuphungviet.com/
Email: [email protected]
Best regards !
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