Industrial design is the appearance of a product expressed in shapes, lines, colors or a combination of these elements. Products are understood to mean articles, tools, equipment, means, or parts used to assemble or make up those products, manufactured by industrial or manual methods, structured and functional. function clearly, be circulated independently. Through the article, Lawyer would like to share to readers of industrial design registration procedures.
1. An industrial design registration dossier comprises:
– 02 declarations of registration of industrial designs;
– 01 Description of the industrial design;
– 04 sets of photos / drawings of industrial designs;
– Receipt of fees and charges.
In addition to the above documents, suppliers must submit other relevant documents such as:
– Power of attorney (if the industrial design registration application is filed through an industrial property representation service organization);
– Application transfer assignment (if any);
– Documents certifying registration rights (if beneficiary from others);
– Documents proving the priority (if the industrial design registration application requires enjoyment of priority rights).
2. Forms of submission:
a. Directly or via post:
The applicant may submit an industrial design registration directly or by post service to one of the National Office of Intellectual Property’s receipt centers.
In case of filing an industrial design registration application by post, the applicant needs to transfer money through the postal service, and then make photocopies of the money transfer receipt enclosed with the application dossier to one of the following points. receive the above application of the National Office of Intellectual Property to prove the amount paid.
b. Submit 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 industrial design registration application on the National Office of Intellectual Property’s online application receiving system, after completing the declaration and sending. Application on the online application system, the system will return to the applicant a confirmation of online submission. Within 01 month from the date of online filing, the applicant must go to one of the National Office of Intellectual Property’s receipt of the application on working days during the trading hours to produce a certificate of online submission. 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 industrial design registration applications:
From the date of receipt of the NOIP, the industrial design registration application shall be considered in the following order:
– Formal examination: 01 month
– Publication of the application: within 2 months from the date the industrial design registration application has a decision to accept the valid application
– Content evaluation: no more than 07 months from the date of publication.
Services of tinhanhphapluat.com in the field of industrial registration in Vietnam include:
Look up information on the use and registration of industrial design protection in Vietnam and abroad;
Consulting, evaluating the usability, protection registration of industrial designs in Vietnam and abroad;
Studying and assessing the possibility of infringement of industrial property rights being protected;
Enforcing protected industrial design rights: investigating, supervising, negotiating / mediating, suing or requiring other competent authorities to handle infringements in Vietnam and abroad;
Negotiating, drafting, appraising, registering contracts on licensing of or the right to own industrial designs in Vietnam and abroad;
Complete the application for a certificate of protection (translate documents or write a description of the industrial design, request protection, prepare drawings, make declarations, represent) for customers in filing an application. request for protection titles, extension of industrial design protection titles in Vietnam and abroad;
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