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Trademarks

  • Definition
    Trademark means any sign used to distinguish goods or services of different organizations or individuals. 
    Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, images, including three-dimensional images or their combinations, presented in one or several given colors.

  • 1. Minimum documents

    - 02 Declaration for registration which are typed according to form No. 04-NH Appendix A of Circular No. 01/2007/TT-BKHCN [The trademark description: the sample of the mark must be described in order to clarify elements of the mark and the comprehensive meaning of the mark, if any; where the mark consists of words or phrases of hieroglyphic languages, such words or phrases must be transcribed; where the mark consists of words or phrases in foreign languages, such words or phrases must be translated into Vietnamese. If the mark contains numerals other than Arabic and Roman numerals, those numerals must be transliterated into Arabic numerals. The section “List of goods and services bearing the mark” in the written declaration must be divided into groups in accordance with the International Classification of Goods and Services under the latestversion of Nice Agreement published by the IPVN in the Industrial Property Official Gazette.].
    - In addition to the mark specimen attached to the written declaration, the application must be enclosed with 05 identical mark specimens that satisfy the following requirements: a mark specimen must be clearly presented with the dimensions of each element of the mark ranging between 8 mm and 80 mm, and the entire mark must be presented within a mark model of 80 mm x 80 mm in size in the written declaration; For a mark involving colors, the mark specimen must be presented with the colors sought to be protected. 
    - Fee and charge receipts.
    * For an application for registration of a collective mark or certification mark, in addition to the documents specified above, the application must also contain the following documents:
    - Regulations on use of collective marks and certification marks;
    - Explanation of particular characteristics and quality of the product bearing the mark (if the to-be-registered mark is a collective mark used for a product with unique characteristics or a mark for certification of the quality of a product or a mark for certification of geographical origin);
    - Map showing the indicated territory (if the to-be-registered mark is a mark for certification of the geographical origin of a product);
    - Document of the People's Committee of a province or city directly under the Central Government permitting the use of geographical names or signs indicating the geographical origin of local specialties to register a trademark (if the registered mark is a collective mark certification mark contains place names or signs indicating the geographical origin of local specialties).

    2. Other documents (if any)

    - Power of attorney (in case the request is filed through a representative);
    - Documents certifying the permission to use special signs (if the trademark contains emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese state agencies/ organizations or international organizations, etc.);
    - Paper on assignment of the right to file an application (if any);
    - Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
    - Documents evidencing the right of priority (if the patent application has a claim for priority right).

    3.General requirements for industrial property (IP) registration applications

    - Each application can request grant of one protection title which is of a type suitable to the trademark stated in the application;
    - All documents of the application must be in Vietnamese. For documents that are allowed to made in another language according to the provisions of Points 7.3 and 7.4 of Circular No. 01/2007/TT-BKHCN must be translated into Vietnamese;
    - All documents of the application must be presented in the portrait format (particularly, drawings, figures, charts and tables may be presented landscape) on A4 paper sheets (210 mm x 297 mm), of which the top, bottom, left and right margins are all 20 mm, in Times New Roman font, text is not smaller than size 13, except for accompanied documents originally not intended to be included in the application;
    - For documents that must be made according to pre-designed forms, those forms shall be used with all necessary information filled in appropriate sections;
    - A document consisting of many pages must have page numbers in Arabic;
    - All documents must be typewritten or printed with a non-fading ink, clear and clean, and free from erasures and modifications; if detecting any negligible spelling error in a document submitted to the Intellectual Property Office of Viet Nam (IPVN), the applicant may correct such error but shall append his/her signature of certification (and a seal, if any) at the corrected words;
    - Terms used in the application must be common ones (other than dialects, rare words, coined words). Symbols, units of measurement, electronic fonts and spelling rules used in the application must conform to Vietnam standards;
    - The application may be accompanied with carriers of electronic data of part or the entire content of its documents.

     

    4. Fees and charges for trademark registration
    - Official charges for filing application: VND 150,000/ 01 application;
    - Fee for publication of application: VND 120,000/ 01 application;
    - Fee for the trademark search for the substantive examination process: VND 180,000/ 01group of goods or services;
    - Fee for the trademark search from the 7th good or service onwards: VND 30,000/ 01 good or service;
    - Fee for formality examination: VND 550,000/ 01 group of goods or services;
    - Fee for formality examination from the 7th good or service onwards: VND 120,000/ 01 good or service.

    5. Time limit for processing trademark registration applications

    From the date on which the registration application is received by the IPVN, the registration application of a trademark shall be examined in the following order:
    - A trademark registration application shall have its formalityexamination within 01 month from the filing date.
    - Publication of trademark  registration applications: A trademark registration application shall be published within 02 months after it is accepted as a valid application;
    - An industrial property registration application shall be substantively examined within09 months from the date of application publication.

    6. Methods of filing application 

    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:

    a) Paper filing

    The applicant may submit an application for a trademark directly or via postal service to one of the IPVN's application receiving places, specifically as follows:
    - Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
    - Representative Office of IPVN 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 IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
    In case of filing an application for a trademark by post, the application charges/ fees must be transferred by postal service, and then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s officeto prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

     

    b) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVNon the Online Application Receiving System.
    - Online filing: 
    + The applicantneeds to complete the steps of filing a trademark application form on the IPVN's Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

    Application form:

    APPLICATION FORM - DECLARATION FOR REGISTRATION OF A TRADEMARK (ISSUED UNDER THE CIRCULAR NO. 01/2007/TT-BKHCN OF FEBRUARY 14, 2007 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY)

  •  

    1.1 Procedure for amendment of trademark applications

    - Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, the applicant may amend of the application on his/her own initiative or upon the request of the IPVN.
    - A request for application amendments includes:
    (i) 02 declarations requesting application amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
    (ii) Documents certifying the change of the application [In response to a request for amendment or supplementation of the trademark registration applications, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents, specifically: 05 identical mark specimens, list of goods and services bearing the mark. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the application];
    (iii) Power of attorney (in case the request is filed through a representative);
    (iv) Fee for application amendments request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application amendmentsin case the application has been accepted as a valid application).
    - An application amendments request is filed after the IPVN issues Notification of intended grant of certificates and pay fees, charges in case the amendment of information related to the nature of the object stated in the application (specifically, the mark specimens, list of goods and services bearing the mark and regulations on the use of collective or certification marks), the application must be re-examinationand the fee for substantive re-examination is calculated based on the number of objects (VND 550,000/ 01 group of goods or services).
    - The time limit for processing a dossier for registration of a trademark application amendmentsrequest is 02 months.
    - Methods of filing application.
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:

    (i) Paper filing

    The applicant may submit arequest for application amendments directly or via postal service to one of the IPVN's application receiving places, specifically as follows:
    - Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
    - Representative Office of IPVN 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 IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
    In case of filing arequest for application amendments by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

    (ii) Online filing

    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing arequest for application amendments on the IPVN's Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant. 
    + The confirmation of online submissionmust be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, anIPVN’s officer will issue the application number in the Online Application Receipt System.
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

    1.2 Procedure for transfer of trademark applications
    - Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may request the IPVN to record the transfer of his/her application to another person. 
    - A request for application transfer includes:
    (i) 02 declarations requesting application transfer (according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN);
    (ii) Documents proving that the transferee satisfies the requirement on the right of registration (must include the following principal contents: full names and addresses of the assignor and the assignee; the “serial number of the application assigned” or information sufficient to identify the application);
    (iii) Power of attorney (in case the request is filed through a representative);
    (iv) Fee for application transfer request (VND 160,000/ 01 request) and the fee for publication (VND 120,000/ 01 request for application transfer incase the application has been accepted as a valid application).
    - An application transfer request is filed after the IPVN issues Notification of intended grant of certificates, the application must be re-examinationandpublish the content of the transfer contract. The fee for substantive re-examination is calculated based on the number of objects (VND 550,000/ 01 group of goods or services)and the fee for publication (VND 120,000/ 01 request for application transfer).
    - The time limit for processing a dossier for registration of a trademark application transfer request is 02 months.
    - Methods of filing application.
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:

    (i) Paper filing

    The applicant may submit an application transfer request directly or via postal service to one of the IPVN's application receiving places, specifically as follows:
    - Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
    - Representative Office of IPVN 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 IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
    In case of filing an application transfer request by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

    (ii) Onlinefiling

    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing an application transfer request on the IPVN's Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant. 
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

    2. Procedure for division of trademark applications

    - Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may divide, on his/her own initiative or upon the request of the IPVN, his/her application. A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any).
    - A request for application division includes:
    (i) 02 Declaration for registration which are typed according to form No. 04-NH Appendix A of Circular No. 01/2007/TT-BKHCN, in the declaration forms of divisional application, the serial numbers of parent applications (original application) and date of filing of the parentapplication must be specified;
    (ii) 05 identical mark specimens;
    (iii) Documents request in writing, proposal for dividetrademark application;
    (iv) Power of attorney (in case the request is filed through a representative);
    (v) For each divisional application, the applicant shall pay all fees and charges for procedures:
    + In case the parent application has had the result of substantive examination of applications:
    . Official charges for filing application: VND 150,000/ 01 application;
    . Fee for publication of application: VND 120,000/ 01 application;
    + In case the list of goods and services are divided into divisional applications andparent application has not yet had the result of substantive examination of applications:
    . Official charges for filing application: VND 150,000/ 01 application;
    . Fee for publication of application: VND 120,000/ 01 application;
    * In case the elements in the trademark are divided into divisional applications and parent application has not yet had the result of substantive examination of applications, the applicant shall pay all fees and charges for procedures carried out independently from the parent application for each divisional application.
    - Parent applications shall be amended and the divisional content should be published by IPVN. A request for application amendments includes:
    (i) 02 declarations requesting application amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
    (ii) Documents certifying the change of the application;
    (iii) Fee for application amendments request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application amendments in case the application has been accepted as a valid application).
    - The time limit for processing a divisional application: Divisional applications are subject to formality examination and shall be further processed according to the procedures not yet completed for their parent applications.
    - Methods of filing application
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:

     

    (i) Paper filing
    The applicant may submit a request for application division directly or via postal service to one of the IPVN's application receiving places, specifically as follows:
    - Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
    - Representative Office of IPVN 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 IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
    In case of filing a request for application division by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

     

    (ii) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing a request for application division on the IPVN's Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant. 
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System. 
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

    Application form:

    APPLICATION FORM - DECLARATION FOR AMENDMENT/ TRANSFER OF TRADEMARK APPLICATIONS (ISSUED UNDER THE CIRCULAR NO. 01/2007/TT-BKHCN OF FEBRUARY 14, 2007 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY)

  • 1. General provisions on renewal of validity of protection titles

    Trademark patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date. The validity of a certificate of registered mark may be extended many times for a period of ten years each for all or part of the list of goods and services in a mark registration.
    To have the validity of his/her trademark protection title renewed, a protection title holder shall file a request for renewal of protection titles’ validity and pay a validity renewal fee within six months before the expiration of the validity term. The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed renewal fee for each month of delayed payment.
    - A request for renewal of protection titles’ validity includes:
    + Declaration requesting renewal of protection titles’ validity (according to form 02-GH/DTVB Appendix C of Circular No. 01/2007/ TT-BKHCN);
    + Original protection title (if the extension is requested to be recorded in the protection title);
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for validity renewal within 01 month from the date of receipt of the request.
    - Result: If the request is considered valid, the IPVN shall issue a decision on renewal of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall issue a decision on its rejection of the request for protection title renewal.
    Return (if any) the certificate that have been recorded for renewal to the owner. 
    - Fees and charges:
    + Official charge for renewal of protection titles: VND 100,000/ 01 group of goods or services;
    + Official charge for delayed renewal: renewal fee plus 10% for each month of delayed payment;
    + Fee for examinationrequest for renewal of protection titles: VND 160,000/ 01 protection title;
    + Fee for protection title usage: VND 700,000/ 01 group of goods or services;
    + Fee for publication of decision of renewal of protection titles: VND 120,000/ 01 request;
    + Fee for recording decision of renewal or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.
     
    2. General provisions on grant of protection title duplicates and reissue of protection titles
    In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Other co-holders may request the IPVN to grant duplicates of the protection title but shall pay a fee therefor.
    In the following cases, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the IPVN to reissue the protection title/duplicate of protection title but shall pay a reissue fee: the protection title/duplicate of protection title is lost; damaged, torn, stained or faded out that it can no longer be used.
    - A request for grant of duplicates/reissue of protection titles includes:
    + Declaration requesting grant of duplicates/reissue of protection titles, (typing according to form 03-PBVB/GCN AppendixC of Circular No. 01/2007/ TT-BKHCN);
    + 02 identical mark specimens;
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.
    - Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title and record it in the section for registration of the protection title in the National Register of Industrial Property, and publish it in the Industrial Property Gazette. If a request for duplicate/reissue of a protection title fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/refusal to reissue the protection title.
    Return the protection title to the owner.
     
    - Fees and charges:
    + Fee for publication of a decision on the grant of a protection title duplicate/ reissue of the protection title: VND 120,000/ 01 request;
    + Fee for recording a decision on the grant of a protection title duplicate/ reissue of the protection title into the National Register of Industrial Property: VND 120,000/ protection title.
    + Public service fee (temporarily not calculated, will be collected when there are specific regulations).
     
    3. General provisions on amendment or change of holders of protection titles
    The holder of a protection title may request the IPVN to record changes in that protection title in the following cases: change in the name or address of the protection title holder; change of the protection title holder (transfer of ownership on the ground of inheritance, succession, merger, separation, split-up, joint venture, association or establishment of a new legal entity under the same owner, transformation of the business operation, or under a decision of a competent state agency...).
    Record of changes related to information on industrial property representation service organizations on National Register of Industrial Property. 
    A request for narrowing of the protection coverage: request for modification of some details without any substantial change in the mark specimen stated in the certificate of registered mark; request for exclusion of one or several goods or services or groups of goods or services from the list of goods or services.
    - A written request for amendment or change of holders of protection titles comprises the following documents:
    + Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 01/2007/ TT-BKHCN;
    + Original protection title;
    + Documents certifying the change of the name or address (the originals or notarized copies of the decision on rename or change of address; the business registration certificate that records the name or address change; other documents of legal validity evidencing the name or address change) in case the content requested to be modified is such name or address;
    + Documents evidencing the inheritance, succession, merger, separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency;
    + Documents explaining in detail the modified contents;
    + 05 identical mark specimens (modification of the mark specimen);
    + 02 Regulations on use of collective marks and certification marks (modification of the regulations on use of collective marks and certification marks);
    + Power of attorney (if the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.
    In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for trademarks not exceeding 06 months.
    In complicated cases, the time limit for re-examination must be extended. However, it must not exceed the time limit for examination of applications for establishment of rights.
    - Result: If the request is considered valid, the IPVN shall issue a decision on amendment of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall issue a decision on its rejection of the request for protection title amendment.
    Return (if any) the certificate that have been recorded for amendment to the owner.
    - Fees and charges:
    + Fee for examination request for amendment or change of holders of protection titles: VND 160,000/ 01 protection title;
    + Fee for publication of decision of amendment or change of holders of protection titles: VND 120,000/ 01 request;
    + Fee for recording decision of amendment or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.
    - Fee for a re-examinationin case narrowing of the protection coverage: VND 550,000/ 01 group of goods or services.
     
    4. General provisions on assignment of protection titles
    Assignment of an industrial property right means the transfer of ownership right by owner of such industrial property right to another organization or individual. Assignment of industrial property rights must be established in the form of written contract (herein after referred to as “contract”).
    An industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights (IPVN).
    - A dossier for registration of an industrial property right assignment contracts comprises the following documents:
    + Written declaration for registration of the contract on transfer of industrial property rights (made according to a set form 01-HĐCN Appendix D of Circular No. 01/2007/ TT-BKHCN);
    + The contract;
    + Original protection title;
    + Written consent of co-owners to the transfer of industrial property rights, if those industrial property rights are under common ownership;
    + Power of attorney (if the dossier is filed through a representative);
    + Fee and charge receipts;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests forregistration ofassignment of protection titleswithin 02 months from the date of receipt of the request.
    - Result: If a dossier for registration of anassignment of protection titles contains no error, the IPVN shall issue a decision on registration of the contract; register and publish it in the Industrial Property Official Gazette. If a dossier for registration of the contract contains errors, the IPVN shall issue a decision on its rejection of the request for protection title assignment.
    Return (if any): the protection title to the owner.
    - Fees and charges:
    + Fee for examination request for registration of assignment of protection titles: VND 230,000/ 01 protection title;
    + Fee for publication of decision of registration of assignment of protection titles: VND 120,000/ 01 request;
    + Fee for recording decision ofregistration of assignment of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    5. General provisions on licensing of industrial property objects
    Licensing of an industrial property object means the permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of his/her use right. Licensing of industrial property objects must be established in the form of written contracts (herein after referred to as “license contract”).
    - A dossier for registration of a contract on licensing of an industrial property object (industrial property licensing contract) comprises the following documents:
    + Written declaration on the industrial property licensing contract (according to a set form 02-HĐSD Appendix D of Circular No. 01/2007/ TT-BKHCN);
    + 02 originals or 02 valid copies of the contract;
    + Written consent of co-owners to the licensing of the industrial property object, if the relevant industrial property rights are under common ownership;
    + Power of attorney (if the dossier is filed through a representative);
    + Fee and charge receipts;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests for registration of the license contractwithin 02 months from the date of receipt of the request.
    - Result: If a dossier for registration of anindustrial property licensing contract contains no error, the IPVN shall issue a decision on the grant of a certificate of registration of anindustrial property licensing contract; register and publish it in the Industrial Property Official Gazette. If a dossier for registration of the contract contains errors, the IPVN shall issue a decision on its rejection of the request for registration of an industrial property licensing contract.
    Return (if any): certificate of registration of an industrial property licensing contract, the protection title to the owner.
    - Fees and charges:
    + Fee for granting a certificate of registration of the contract of licensing of industrial property subject: VND 120,000/ 01 request;
    + Fee for examinationrequest for registration of an industrial property licensing contract: VND 230,000/ 01 protection title;
    + Fee for publication of decision on the grant of a certificate of registration of anindustrial property licensing contract: VND 120,000/ 01 request;
    + Fee for recording decision on the grant of a certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    6. Recording of amendment of contents, extension and ahead-of-time termination of validity of contracts on licensing of industrial property objects
    Amendment of the content of the industrial property licensing contract occurs in cases there is a change of name and address of the parties in the contract or changes in the content of the terms stated in the contract.
    The extension of validity of the industrial property licensing contract occur in cases the parties agree to continue performing the contract after the term of the contract has expired, or the parties need to extend the validity of each IP object licensed in the contract.
    Termination of the industrial property licensing contract occur in cases one of the parties requests to terminate the contract ahead of time.
    The amendment of contents, extension and ahead-of-time termination of validity of registered contracts on licensing of industrial property objects shall all be recorded by the IPVN.
    - A dossier requesting recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object must be made in writing and comprise the following documents: 
    + Written declaration requesting recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object (according to a set form 03-SĐHĐ Appendix D of Circular No. 01/2007/ TT-BKHCN);
    + The original certificate of registration of the contract on licensing of an industrial property object (in case of registration of amendment of contents or extension of validity of the contract);
    + Documents evidencing the amendment of the names and addresses of the contracting parties;
    + Agreements or documents on recording of specific contract clauses that need to be modified or supplemented, including the extension or ahead-of-time termination of validity of the contract;
    + Power of attorney (if the request is filed through a representative);
    + Fee and charge receipts;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests forrecording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object within 01 months from the date of receipt of the request.
    - Result: 
    If the dossier is valid, the IPVN shall issue a decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object; record the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object; record the modified contents, extension or termination of validity of the contract on licensing of an industrial property object in the national register of assignment of industrial property rights; publish the decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object in the Industrial Property Official Gazette. If the dossier contains errors, the IPVN shall issue a decision on its refusal to record the amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object.
    Return (if any): certificate of registration of an industrial property licensing contract that has updated the amendment or extension of the validity of the contract.
    - Fees and charges:
    + Fee for examination request for recording of amendment of contents, extension or ahead-of-time termination of validity of anindustrial property licensing contract: VND 160,000/ 01 protection title;
    + Fee for publication of decision on recording the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object: VND 120,000/ 01 request;
    + Fee for recording the modified contents, extension or termination of validity of the contract on licensing of an industrial property object into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    7. General provisions on grant of certificate of registration of an industrial property licensing contract duplicates and reissue of certificate of registration of an industrial property licensing contract
    - A request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts includes:
    + Declaration requesting grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts (according to form 03-PBVB/GCN AppendixC of Circular No. 01/2007/ TT-BKHCN);
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts within 01 month from the date of receipt of the request.
    - Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract and publish it in the Industrial Property Gazette. If a request for duplicate/reissue of a certificate of registration of an industrial property licensing contract fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the certificate of registration of an industrial property licensing contract. 
    Return the duplicated/ reissued certificate of registration of an industrial property licensing contract to the owner.
    - Fees and charges:
    + Fee for publication of a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;
    + Fee for recording a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.
    + Public service fee (temporarily not calculated, will be collected when there are specific regulations).
     
    8. Termination of validity of protection titles (its owner declares to relinquish the industrial property rights)
    In this case, the termination of validity of protection titles due to the fact that its owner declares to relinquish the industrial property rights. Based on the result of the examination of requests for termination of validity of protection titles, the IPVN shall examine the requestand decide to terminate the validity of such protection title from the date of receipt of the owner’s declaration.
    - A request for termination of validity of protection title includes:
    + Declaration requesting termination of validity of protection titles(according to form 04-CDHB AppendixC of Circular No. 01/2007/ TT-BKHCN);
    + Written description of the reason for requesting the termination of validity of protection title;
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for termination of validity of protection title within 10 days from the date of receipt of the request.
    - Result: Based on the result of the examination of requests for termination of validity of protection titles, the IPVN shall issue decisions on termination of validity of protection titles or notify the refusal to terminate the validity of protection titles.
    - Fees and charges:
    + Fee for requests for termination of validity of protection titles: VND 50,000/ 01 request;
    + Fee for examinationrequests for termination of validity of protection titles: VND 180,000/ 01 protection title;
    + Fee for publication of decision on the termination of validity of protection titles: VND 120,000/ 01 request;
    + Fee for recording decision on the termination of validity of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    Application form:
    APPLICATION FORM - DECLARATION FOR AMENDMENT/ RENEWAL/ MAINTENANCE OF VALIDITY/ DUPLICATES/ REISSUE/ TERMINATION/ INVALIDATION OF VALIDITY OF PROTECTION TITLES (ISSUED UNDER THE CIRCULAR NO. 01/2007/TT-BKHCN OF FEBRUARY 14, 2007 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY) 

  • Thủ tục đăng ký quốc tế nhãn hiệu có nguồn gốc Việt Nam theo Hệ thống Madrid

    10.1 Điều kiện, thủ tục nộp đơn đăng ký quốc tế nhãn hiệu có nguồn gốc Việt Nam theo Hệ thống Madrid

    - Cá nhân mang quốc tịch tại nước là thành viên của Hệ thống Madrid hoặc tổ chức có cơ sở kinh doanh hợp pháp tại nước là thành viên của Hệ thống Madrid có quyền nộp đơn đăng ký quốc tế nhãn hiệu theo Hệ thống Madrid.

    - Đơn đăng ký quốc tế nhãn hiệu theo Hệ thống Madrid cần dựa trên đơn đăng ký cơ sở đã được nộp cho Cục Sở hữu trí tuệ hoặc đã được Cục Sở hữu trí tuệ cấp Giấy chứng nhận đăng ký nhãn hiệu.

    - Hồ sơ đơn đăng ký quốc tế nhãn hiệu có nguồn gốc Việt Nam gồm:

    (i) 02 Tờ khai yêu cầu đăng ký quốc tế nhãn hiệu có nguồn gốc Việt Nam, đánh máy theo mẫu số: 06-ĐKQT Phụ lục C của Thông tư số 01/2007/TT-BKHCN;

    (ii) 02 bản Tờ khai MM2 [đăng tải tại website: http://wipo.int (ngôn ngữ sử dụng là Tiếng Anh)];

    (iii) 05 mẫu nhãn hiệu kèm theo (Trường hợp đăng ký là nhãn hiệu màu thì ngoài 05 mẫu nhãn hiệu màu, người nộp đơn cần nộp 05 mẫu nhãn hiệu đen, trắng);

    (iv) Giấy ủy quyền (nếu đơn đăng ký quốc tế nhãn hiệu có nguồn gốc Việt Nam được nộp thông qua các tổ chức dịch vụ đại diện sở hữu công nghiệp);

    (v) Bản phô tô đơn đăng ký cơ sở hoặc bản phô tô Giấy chứng nhận đăng ký nhãn hiệu;

    (vi) 02 bản MM18 trong trường hợp đơn đăng ký quốc tế nhãn hiệu có chỉ định vào Hoa Kỳ;

    (vii) Phí thẩm định sơ bộ hình thức nộp cho Cục Sở hữu trí tuệ: 2.000.000VNĐ;

    (viii) Phí nộp cho Văn phòng quốc tế có đăng tải tại website: http://wipo.int

    10.2 Hình thức nộp đơn

    Người nộp đơn có thể nộp đơn đăng ký quốc tế nhãn hiệu có nguồn gốc Việt Nam trực tiếp hoặc qua dịch vụ của bưu điện đến một trong các điểm tiếp nhận đơn của Cục Sở hữu trí tuệ, cụ thể:

    - Trụ sở Cục Sở hữu trí tuệ, địa chỉ: 386 Nguyễn Trãi, quận Thanh Xuân, thành phố Hà Nội.

              - Văn phòng đại diện Cục Sở hữu trí tuệ tại thành phố Hồ Chí Minh, địa chỉ: Lầu 7, tòa nhà Hà Phan, 17/19 Tôn Thất Tùng, phường Phạm Ngũ Lão, quận 1, thành phố Hồ Chí Minh.

              - Văn phòng đại diện Cục Sở hữu trí tuệ tại thành phố Đà Nẵng, địa chỉ: Tầng 3, số 135 Minh Mạng, phường Khuê Mỹ, quận Ngũ Hành Sơn, thành phố Đà Nẵng.

              Trường hợp nộp hồ sơ đơn qua bưu điện, người nộp đơn cần chuyển tiền qua dịch vụ của bưu điện, sau đó phô tô Giấy biên nhận chuyển tiền gửi kèm theo hồ sơ đơn đến một trong các điểm tiếp nhận đơn nêu trên của Cục Sở hữu trí tuệ để chứng minh khoản tiền đã nộp.

              (Lưu ý: Khi chuyển tiền phí, lệ phí đến một trong các điểm tiếp nhận đơn nêu trên của Cục Sở hữu trí tuệ, người nộp đơn cần gửi hồ sơ qua bưu điện tương ứng đến điểm tiếp nhận đơn đó).