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INTERNATIONAL ORDER AND PROCEDURES FOR REGISTRATION OF VIETNAMESE ORIGINAL BRANDS BY MADRID SYSTEM

  11/06/2020

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The Madrid system (officially the Madrid’s international trademark registration system) is the main international system to facilitate trademark registration in countries around the world.

International trademark registration under the Madrid system is an international registration form that applies to countries that are members of the Madrid system. The filing of trademark registration will be conducted at the International Office of the World Intellectual Property Organization (WIPO) and the application will designate countries that are members of the Madrid system.

  1. Lawyer consults on conditions and procedures for filing international trademark registration applications originating in Vietnam under the Madrid System.
  • Individuals with nationality in the country who is a member of the Madrid System or organizations with legal business establishments in the country that are members of the Madrid System have the right to apply for international trademark registration under the Madrid System.
  • Madrid The international trademark registration application under the Madrid System should be based on the basic registration application that has been filed with the National Office of Intellectual Property or has been granted a trademark registration certificate by the National Office of Intellectual Property.
  1. Trademark registration lawyers conduct a search process of protection registration capacity:
  • Lawyers with intellectual property expertise will help individuals/businesses wishing to register international marks in this form to conduct a prior search to assess the possibility of trademark registration so as to avoid risks. The risk of an international trademark application being rejected is similarly confusingly similar to an application or trademark already protected in each country.
  • After fulfilling the above conditions and ensuring that your trademark is not confusingly similar to an application or trademark already protected in each country, the trademark registration lawyer will apply on behalf of the business. International trademark registration under the Madrid system at the International Office of the World Intellectual Property Organization (WIPO) through the National Office of Intellectual Property.
  1. A document of international trademark registration application originating in Vietnam comprises:
  • 02 declarations requesting international registration of trademarks originating from Vietnam, according to form No. 06-DKKQT Appendix C of Circular No. 01/2007 / TT-BKHCN;
  • 02 copies of MM2 Declaration [posted at the website: http://wipo.int (language used in English)];
  • 05 attached trademark samples (in case of registration of color labels, in addition to 06 color trademark samples, applicants need to submit 06 black and white trademark samples);
  • Power of attorney (if the application for international trademark registration of Vietnamese origin is filed through industrial property representation service organizations);
  • A photocopy of the basic registration application or a copy of the Trademark Registration Certificate;
  • 02 copies of MM18 in the case of trademark international applications designating the United States;
  1. Fees:
  • Preliminary examination fee paid to the National Office of Intellectual Property: VND 2,000,000;
  • Fees submitted to the International Bureau are available at the website: http://wipo.int: Depending on the country you want to register, there will be different fees.
  1. Application form

The applicant may apply for an international registration of a trademark originating in Vietnam directly or via a post service to one of the Intellectual Property Department’s applications receiving places, specifically:

  • Office of Intellectual Property Department, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
  • Office of Intellectual Property Department 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 Intellectual Property Department in Da Nang City, address: 3rd Floor, 135 Minh Mang, Khue My Ward, Ngu Hanh Son District, Da Nang City.

In case of filing the application by post, the applicant needs to transfer money through the postal service, and then make photocopies of the Money Transfer Receipt attached with the application file to one of the above-mentioned application receiving points of the Department. Intellectual property to prove the amount paid.

(Note: When transferring a fee or fee to one of the above-mentioned NOIP’s application-receiving places, the applicant must send the corresponding dossier by post to the receiving point of that application).

Filing an international application under the Madrid agreement must be complete and adequate according to the provisions of the Intellectual Property law and a professional organization once processed for the application to be completed. Therefore, the application owner should contact the Intellectual Property Lawyer – Industrial Property Representative for advice.

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