REGISTERED TRADEMARK PROTECTION
I. Concept , explain the mark
Trademarks are the signs of a business ( or group companies ) used to distinguish goods or services of their goods , services and other kinds of businesses .
” Brand ” is the general term for trademarks and service marks .
Signs can be used to label the words, images or words combined with pictures shown by one or more colors .
With the function of marketing tools – to convey to consumers the prestige of products branded services are shaped by corporate intellectual investment product services – the mark is considered property law intellectual property of the business.
II . The documents needed for application
1 . Minimum Documentation
( a) 02 registration declaration in Form No. 04 – NH (Appendix A of the Circular 01/2007/TT-BKHCN )
( b ) Form and mark the list of goods or services bearing the mark .
( c ) Receipt of fees .
2 . For application collective marks , certification marks
In addition to the documents specified above, the application must also be added the following resources :
(a ) The Regulations use the collective mark / certification mark .
( b ) Notes on the nature and quality characteristics ( or characteristics ) of branded products ( if the trademark is registered as a collective mark for products with specific characteristics or brand certification of product quality certification marks or geographical origin ) .
( c ) determine the territorial map ( if the mark is registered certification marks the geographical origin of the product ) .
3 . Requirements for application
( a) Each application shall be required to grant a degree of protection .
( b ) All application materials must be made ??in Vietnamese . For documents in other languages ??as specified in points 7.3 and 7.4 of the Circular 01/2007/TT-BKHCN must be translated into Vietnamese .
( c ) All application documents must be presented in portrait orientation ( drawings , diagrams and tables can be presented horizontally ) on one side of A4 size paper ( 210mm x 297mm ) , including margins on four sides , each side is 20mm wide , excluding the supplementary material that the source document is not intended to be included in the application .
( d ) For the standard form documents required are required to use that form and fill out the required information in the appropriate place .
( e ) Each document if many pages , each page must be numbered page Arabian numerals .
( f ) Documentation must be typed or printed in faded ink , clear , clean, erasure or correction in case of detection of minor errors in the spelling of documents filed with the Intellectual Property Office , the applicant can fix the error , but at the site of repair certification must be signed ( and stamped , if applicable ) of the applicant .
( g ) The term is used in the single common term (not dialects , from the rare , from self- generated ) . Symbols , units of measurement , electronic fonts , spelling rules used in the standard application to Vietnam .
( h ) The application may be accompanied by supporting documentation is electronic data carrier of a portion or the entire contents of the application materials .
III . Process and review the application deadline
Application for trademark registration is handled at the IP Office the following general sequence ( scheme appraisal process application marks ) :
a) Evaluation Forms
As the assessment of the validity of the application according to the requirements of form , the object rule , the right to apply … to draw conclusions from that single valid or invalid . Formal examination period is 1 month from the date of filing.
b ) Disclosure of valid applications
Trademark registration application is accepted as valid IP Gazette published within 2 months from the date of acceptance of the valid application . The announcement marks the application of information relating to the proper application stated in the notice to accept valid applications , sample labels and the list of goods and services provided.
c ) Substantive examination
Application for registration of the mark has been recognized as a valid substantive examination to evaluate the registration certificate label for the object stated in the application under the conditions of protection . The time limit for substantive examination of trademark applications is 9 months from the date of publication .
IV . Amend , supplement , split , convert and transfer unit
a) amend , supplement form
Prior to the Intellectual Property Office announced rejection of valid application , written notice of refusal to grant protection or decisions granting protection , the applicant may take the initiative or at the request of the Department of intellectual property , amending and supplementing the single document .
To request an amendment , supplement label template , the list of goods and services for branded trademark registration application , the applicant must submit the appropriate document has been amended , together with the theory in detail the amendments from the original document was filed .
The amendments , supplements are not single extended range ( volume ) protection beyond the contents revealed the list of goods and services for trademark registration applications and do not change the nature of objects described in the application . If the amendment to extend the range ( volume ) protection or change the nature of the object , the applicant must submit a new application and all procedures were carried out from the beginning .
The applicant may request the correction of errors of name and address of the applicant , the author .
Any request for amendments and supplements shall be made in writing on the form prescribed 01 – op in Appendix B of Circular 01/2007/TT-BKHCN . It may require modification with the same content more relevant to the application , with the conditions required to pay fees according to the number of shares respectively .
The amendment , supplement form , including changes to the authorized person , by the applicant proactively or upon request of the Department of Intellectual Property shall be made in writing , stating the amendments , supplement and accompanying documentation fee amendment , supplement form .
b ) Separation of single
The applicant may take the initiative or at the request of the Department of Intellectual Property form separation ( separation of one or more components of the mark or part of the list of goods and services in the application to one or more brands new single , called divisional applications ) .
Single cup and bring the new single taken filing date of the original application , or ( the ) priority date of the original application ( if any) .
For each separate application , the applicant must pay a filing fee and all charges and fees for the procedure is done independently of the initial application , but without having to pay fees required priority . Divisional applications are assessed on the form and further processed according to the procedures have not been completed for the initial application . Separate application must be made public and the applicant must pay a fee if the separation announcement was made ??after the application of Intellectual Property Department has announced acceptance of valid application for the initial application .
Single Initial (after separation ) continue to be treated according to normal procedures and the applicant must pay a fee for amendments and supplements to the application .
c ) Transfer of shares
Prior to the Intellectual Property Office a notice of the refusal to accept the proper application , notice of refusal to grant protection titles or decisions granting protection , the applicant may request the Department of Intellectual Property recorded knowledge transfer to other applications . To request the transfer recorded on the form 02 – CGD specified in Annex B of Circular 01/2007/TT-BKHCN . In recognition requires transfer applicants must have documentation evidencing the transfer of power to meet the requirements of registration .
IV . Extension of protection titles
Certificate of trademark registration may be renewed repeatedly , each time for 10 years.
To extend the validity of the certificate of registration of the mark , within 06 months before the date of the certificate of trademark registration expires , the certificate of trademark registration shall file an application for renewal to the Department of Property intellectual .
An application for renewal may be filed later than the time prescribed above shall not exceed 06 months from the date the certificate of trademark registration and all expired certificates trademark registration renewal fee payable plus 10% of the renewal fee for late payment each month .
Request for extension of validity of the certificate of registration of the mark consists of the following documents :
( a) request for a declaration of validity of protection titles , made ??02 – GHVB form specified in Appendix C of Circular 01/2007/TT-BKHCN .
( b ) The original of the certificate of registration of marks (in case recognition requires the extension of the certificate of registration of the mark ) .
( c ) Power of attorney (if filed through a representative ) .
( d ) Receipt of payment of the renewal fee , announced its decision to extend the registration and renewal decisions Certificate trademarked prescribed .