Procedure for Trademark registration in 2021, with 7 steps as LHD Law Firm consultancy, representative of Intellectual Property Office with more than 15 years of experience and 6889 customers who have trusted in our service → 95% of customers receive trademark certificate.
This step aims to reduce the risk by up to 90% when filing a new trademark application
Without this step: Waiting period 24-26 months (no work)
Loss of application fee and building the brand
Therefore: SEARCH TO GUARANTEE THE REGISTRATION PROCEDURE ACHIEVING THE BEST RESULT.
REFERENCES OUR SEARCHING SERVICE PRIOR APPLICATION ⇒ REFERENCES
The application can be done through the NOIP or self-file
If you submit yourself, you can contact at 3 offices of NOIP in Hanoi, Da Nang and Ho Chi Minh
Place of Application |
Address |
National Office of Intellectual Property |
384-386 Nguyen Trai, Thanh Xuan District, Hanoi city. |
Representative Office of IPVN in Da Nang City |
3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city. |
Representative Office of IPVN in Ho Chi Minh City |
7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city. |
If through a representative ⇒ Contact LHD Law Firm according to the information below
#1. Get the application number and priority date
#2. Start examining the application → For trademark registration purposes
Term of examination: within 02 months from the filing date.
Purpose of application examination
Check the compliance with the regulations on the form of the application, thereby making a conclusion whether the application is considered valid or not (Make a decision to accept the valid application / refuse to accept the application[1]).
+ In case the application is valid, the NOIP shall issue a decision to accept the valid application;
+ In case the application is invalid, the NOIP shall issue a notice of its intention to refuse to accept the valid application, clearly stating the reasons and omissions that cause the application to be refused for acceptance and setting a time limit 2. months for the applicant to comment or correct errors. If the applicant fails to correct errors/unsatisfactory corrections/no objections/unwarranted objections, the NOIP shall issue a decision to refuse to accept the application.
Time: Lasts for 4 months from the date of the decision to accept the valid application
Purpose of application publication:
In order to widely notify other individuals and organizations that the application has been published, if there is a lawsuit or objection to the application, contact the NOIP to carry out procedures to oppose the grant during this time.
Time: 12-14 months from the date completing the application publication
Purpose: Time limit for substantive examination: 10-12 months from the date of application publication (actually 2 years because NOIP is overloaded with application processing)
The National Office of Intellectual Property considers the conditions for trademark registration, thereby assessing the possibility of granting a title to the trademark registered by the enterprise.
If the trademark registration application meets all conditions, the National Office of Intellectual Property shall issue a Notice of intention to grant a diploma for the trademark registered by the enterprise.
If the trademark registration application does not meet the conditions, the National Office of Intellectual Property shall issue a Notice not to grant a diploma for the trademark registered by the enterprise. The enterprise considers and sends a response letter, complains about the decision of the National Office of Property, and at the same time provides the grounds for granting a trademark protection title to the trademark of the enterprise.
There are 2 situations below:
#1. Approval for issuing Certificate
The Department will issue a decision to notify the grant of the Certificate, the applicant will pay the fee according to the instructions and wait for 1-2 months. The Department will send the Certificate to the head office for the applicant.
If the fee is not paid, the applicant will be deemed to have abandoned the registration, and when the notice period expires, the trademark will not be protected.
#2. Refusal for issuing Certificate
The Department will make a decision to refuse to grant a trademark title, and the applicant within 3 months has the right to submit a written objection or agreement with the decision to partially reject this trademark.
If it is considered that the opinion of the Department is reasonable, then skip this step, otherwise, if you think the decision is unreasonable, you have the right to give your opinion on the fight to be granted a diploma.
The Department will issue a decision to notify the grant of the certificate, the applicant will pay the fee according to the instructions and wait for 1-2 months The Department will send the certificate to the head office for the applicant.
If the fee is not paid, the applicant will be deemed to have abandoned the registration, and when the notice period expires, the trademark will no longer be protected.
The Department will make a decision to refuse the grant of a trademark certificate, and the Applicant is no longer able to comment but will have to go through the consultation procedure with the NOIP, with this decision, the applicant has 12 months to settle the complaint..
Trademarks are protected for 10 years from the filing date (priority date). Enterprises can renew their protection titles and there is no limit on the number of renewals. Therefore, the trademark will be an asset throughout the operation and business process of the enterprise.
→ What You Can And Can't register Trademark
→ Trademarks
→ What is not related to the trademark
Name as Nike
A logo as logo swoosh
Slogan as "Just do it"
An original song, book, movie, or other creative work. Get a replacement license
An invention such as a technical process, machine, manufactured product, or chemical formula. Patent review.
→ Individuals or organizations (ordinary organizations are companies) with Vietnamese nationality are entitled to register trademarks (Individuals, Start-ups, Companies, Enterprises, Organizations)
→ Individuals or organizations (Companies as usual) with foreign nationality are entitled to register trademarks, but they must go through the INDUSTRIAL PROPERTY REPRESENTATIVE Organization in VIETNAM (LHD LAW FIRM IS AN EXAMPLE).
– Generic Mark
– Suggestive Mark
– Certification Mark
– Collective Mark
– Famous Mark
Among them, Generic Marks are considered the most popular
REQUIREMENT DOCUMENTS FOR INDUSTRIAL PROPERTY (IP) REGISTRATION APPLICATIONS
# LOGO/TRADEMARKS
# POWER OF ATTORNEY (AS FORM OFF LHD LAW FIRM)
Point #1. Classification applies according to Nice 11→ Noip requires to specify each code in detail (for example, before it was generally stated as buying and selling agricultural products (acceptable), now it must specify what agricultural products are - agricultural products are cashew nuts, coffee beans . ..vv
Point #2. Processing time is much longer than reality (previously about 18 months, now up to 26-28 months from the date of application) → Reason: Noip said the number of applications increased more than 10 times, but the specialists did not increase, so the application was delayed.
Point #3. The Data Noip provided on the website is not enough (When the label is published in the Official Gazette, it is recorded on the website) so it is mandatory when registering the Application Owners to conduct a search and evaluation before submitting the Application → In order to ensure the ability to successful registration in Vietnam.
IF YOU DO NOT KNOW THE REGISTRATION PROCESS, HOW TO SEARCH TO ACHIEVE THE OBJECTIVE, YOU SHOULD USE THE TRADEMARK REGISTRATION SERVICE
In more than 12 years of operation, Hong Duc Law has successfully registered for more than 168888+ trademark applications in Vietnam, of which 20% are foreign customers and 80% of domestic customers have trusted our services.
1 #. LHD Law Firm (HONGDUC LAW FIRM) HONGDUC LAW FIRM) is rated as the most prestigious trademark logo registration organization in Vietnam which is highly appreciated by Legal500.
2 #. Certificate No. 146 issued by NOIP
As a representative of NOIP We will directly work with the Department, submit applications, pay fees, receive notices, comments and receive diplomas for foreign and Vietnamese organizations and individuals.
Our three-no's criterion
- No need for the applicant to sign the application
- There is no need for the applicant to directly monitor the application
- There is no need for the applicant to work directly with the Department (such as sending official letters, paying fees...)
3 #. LHD Law Firm is considered as a friendly and reasonable consultant, the main purpose is to support businesses and individuals doing business in Vietnam to protect their trademarks and logos.
There are 2 ways for application
#1. Apply at the Intellectual Property Office
National Office of Intellectual Property |
384-386 Nguyen Trai, Thanh Xuan District, Hanoi city. |
Representative Office of IPVN in Da Nang City |
3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city. |
Representative Office of IPVN in Ho Chi Minh City |
7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city. |
#2. Apply via Representative of the NOIP
LHD Law Firm is Representative → contact
Profile components include:
Trademark sample (05 samples, size not larger than 80×80 mm); A copy of the document certifying the legal business right (Business License or Certificate of Business Registration, etc.); Documents certifying the legal right to file (if any)
Power of attorney through a representative
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