Trademark is a sign used to distinguish goods or services of different organizations and individuals. Trademarks can be letters, words, drawings, images, or a combination thereof. Through this article, Lawyer would like to share to readers the trademark registration procedure.
1. Documents include:
In case a trademark application is a collective or certification mark, in addition to the above-mentioned minimum documents, the application must include the following documents:
– Regulations on the use of collective marks or certification marks;
– A description of the characteristic (or specific) quality or quality of the trademarked product (if the registered trademark is a collective trademark used for a product of a particular nature or a certification mark quality of the product or the brand that confirms the geographical origin of local specialties);
– Map of the geographical area (if the registered trademark is a trademark certifying the geographical origin of the product, or a trademark containing a geographical name or an indication of the geographical origin of local specialties).
– Document of the People’s Committee of the province or city directly under the Central Government permitting the use of geographical names or other signs indicating the geographical origin of local specialties to register the trademark (if the registered trademark is a trademark collective, certification mark that contains place names or other signs indicating the geographical origin of local specialties).
In addition, other documents (if any) include:
– Power of attorney (if the application is filed through industrial property representation service organizations);
– Documents certifying the permission to use special signs (if the protection claim mark contains symbols, flags and badges of domestic and international agencies and organizations …);
– Documents certifying registration rights;
– Documents certifying the enjoyment of registration rights from others;
– Documents proving the priority (if the application has a claim for priority).
2. Application form
a) Apply in person or by mail:
The applicant may apply for a trademark registration in person or by post office service to one of the Intellectual Property Department’s application receiving points.
b) Apply online:
– Conditions for online application: Applicants need to have digital certificates and digital signatures, register an account on the online application receiving system and have their accounts approved by the National Office of Intellectual Property to make transactions. Translation of IP registration.
– Order of online filing: Applicants need to make the declaration and send the trademark registration application on the Intellectual Property’s online application receiving system, after completing the declaration and filing the above application. The online application receiving system, the system will send back to the applicant a confirmation of submitting documents online. Within 01 month from the date of online submission, the applicant must go to one of the NOIP’s application receiving points on working days during the trading hours to produce the online documents. routes and attached documents (if any) and pay fees / charges as prescribed. If documents and fees / charges are complete as required, the applicant will issue the application number in the online application form, if there are not enough documents and fees / charges as prescribed. The application will be denied. In the event that the Applicant fails to complete the prescribed application procedure, the online document will be canceled and the Online Document Cancellation Notice will be sent to the Applicant on the Online Application Receiving System.
3. Time limit for processing applications
From the date of receipt by the NOIP, the trademark registration application shall be considered in the following order:
– Formal examination: 01 month
– Publication of the application: within 02 months from the date the trademark registration application has a decision to accept the valid application
– Content evaluation: no more than 09 months from the date of publication.