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Intellectual property

Consultancy on establishment, protection of intellectual property rights, supervision and enforcement of intellectual property rights [...]

 

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Assignment of mark

01. Conditions for application

- Assignment of an industrial property right means the transfer of ownership right by the owner of such industrial property right to another organization or individual.
- An assignment of an industrial property right must be established in the form of a written contract and shall take effect from the date of registration of assignment at National Office of Intellectual Property

02. Applicable laws

1. Law on Intellectual Property 2005 (amended in 2009)
2. Decree No. 103/2006/NĐ-CP implementing Law on Intellectual Property on industrial property right
3. Circular No. 01/2007/TT-BKHCN

03. Procedure

Step 1: Prepare the following documents

+ A written declaration of assignment of mark;
+ 02 copies of assignment contract on mark
+ Written consent of co-owners to the assignment of the mark, if the relevant mark is under common ownership;
+ Authorization letter (if the documents are submitted by representative)
+ Receipt for payment of fees and charges;
+ Other documents (if necessary)

In case of assignment of collective or certification mark, the applicant must also prepare the following documents:
+ Regulations on use of collective or certification mark of the assignor under Article 105 of Law on Intellectual Property.
+ Documents evidencing the right to submit the file of the assignor regarding the collective or certification mark under Clause 3, Article 87 of Law on Intellectual Property.

Step 2: Submit the file at National Office of Intellectual Property (“NOIP”)

Step 3: The NOIP shall receive the file.

Step 4: The NOIP shall carry out an examination for the validity of the file within 02 months

Step 5: The NOIP shall issue a decision on registration of the assignment contract, issue a certificate of registration of assignment contract, and publish the registration in the Industrial Property Offical Gazette. In case of refusal, the NOIP shall reply in writing about the refuse.

 

04. Processing Time 02 months

05. Service fee

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