ASLAW
With the current development, the establishment of intangible assets – trademark registration of the Company, although not prescribed by law, is really necessary. In which, trademark registration is the procedure for establishing ownership rights to the mark of the application owner through the application owner’s request to the National Office of Intellectual Property to grant a trademark protection title. Trademarks are granted a certificate to protect the largest intangible asset of the enterprise. Therefore, trademark registration is not only a necessary and sufficient condition for each good or service before entering the market but also a foundation for the development of an enterprise’s assets.
Trademarks are signs used to distinguish goods and services of different organizations and individuals.
Signs used as trademarks must be visible signs in the form of letters, words, images, drawings, or a combination of such elements presented in one or more colors.
For example, Coca-Cola – Pepsi, are two brands used to distinguish two famous beverage brands in the world.
Trademark owners when registering will get the following benefits:
Establish trademark ownership
– The priority right is confirmed from the date of applying.
– Trademark owners can establish ownership rights after being granted the Certificate.
Create a trademark protection mechanism
– Establishing trademark rights will prevent other subjects from infringing upon their trademark during use.
– Is a legal basis to protect your rights if there is an illegal violation of the trademark.
Developing a reputable and sustainable brand
– Create trust and sustainable cooperation with distributors when there is a brand to develop.
– Helping businesses create professionalism and prestige with partners.
– Maybe will grow and become famous reputable brands such as Samsung, Google, Coca-Cola, Apple, Microsoft, Viettel, Vingroup, Hoa Phat,…
Join the e-commerce business
– When participating in sales on commerce sites, e-commerce platforms, trademarks must be registered.
– The trademark owner must prove that he has filed a registration application at the trademark registration office.
– Shopee, Sendo, Lazada, Amazon, Ebay, Alibaba, etc. E-commerce sites in Vietnam and abroad all require shop owners to sell goods only when the trademark is registered.
Economic benefits
– The cost of applying for registration is very low compared to dispute resolution if it occurs.
– Brand can develop into an asset that is sometimes greater than its goods or services.
Profile components include:
1. Declaration of trademark registration made according to the form (02 copies);
2. Regulations on the use of trademarks (if the claimed mark is a collective mark);
3. Brand samples (05 samples, size not larger than 80×80 mm);
4. A copy of the document certifying the legal business right (Business License or Certificate of Business Registration,…);
5. Documents certifying the lawful right to file (if any);
6. Power of attorney according to the form (If the representative of SHCN);
7. License of the competent authority (if any);
8. Charge and fee payment vouchers;
9. Other relevant documents (if any);
Number of records: 01 (set).
In particular, the application process will be regulated as follows:
Filing a trademark application Formal examination Deciding whether to accept a valid application Publishing a valid application Substantive examination Notice of intent to grant a protection title Paying fees Registration and Licensing Certificate of Trademark Registration.
However, in the process of formality and substantive examination, if problems arise, enterprises need to handle them within 03 months at most for NOIP to consider and amend at the request of enterprises.
From the date of receipt by the NOIP, the trademark registration application shall be considered in the following order:
– Formal assessment: 01 month
– Announcement of application: within 2 months from the date of receipt of a decision on acceptance of a valid application
– Substantive examination: no more than 09 months from the date of application publication.
– Application fee: 150,000VND
– Application publication fee: 120,000 VND
– Searching fee for serving people’s income: 180,000 VND / 01 group of products and services
– Search fee for the 7th product or service onwards: 30,000 VND / 01 product or service
– Content appraisal fee: VND 550,000 / 01 group of products and services
– Content appraisal fee for the 7th product/service onward: VND 120,000/1 product or service.
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:
a) Paper filing
The applicant may submit an application for a trademark directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
– Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
– Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.
– Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case of filing an application for a trademark by post, the application charges/ fees must be transferred by postal service, and then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
(Note: If the fee or charge is transferred to one of the above-mentioned IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).
b) Online filing
If one of the documents and fees/ charges is not fully submitted, the application will be denied.
In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
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