Registration of protection of mark
01. Conditions for application
- Mark means any sign used to distinguish goods or services of different organizations or individuals.
- A mark shall be eligible for protection when it satisfies the following conditions:
1. It is a visible sign in the form of letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colours.
2. It is capable of distinguishing goods or services of the mark owner from those of other subjects.
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
Step 1: Prepare the following documents
– A written declaration of registration of mark
– 05 samples of mark ;
– Receipt for payment of fees and charges;
In case the applicant applies for registration of collective mark or certification mark, the applicant must also prepare the following documents:
– Regulations on use of collective mark or certification mark;
– 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).
– Written approval of Provincial People’s Committee which allows for the use of indicated territory or local products for mark registration in case the collection mark or the certification mark bears such territory or the geographical origin of the local product.
Step 2: Submit the file at the National Office of Intellectual Property (“NOIP”)
Step 3: The NOIP receives the file
Step 4: The NOIP shall carry out formal examination within 01 months
Step 5: The NOIP shall publish the application for registration of mark within 02 months from the date of Decision on acceptance of validity of the application.
Step 6: The NOIP shall carry out substantive examination within no more than 09 months