Principle of priority

Principle of priority
March 11 09:40 2014 Print This Article

1. An applicant for registration of  a trade mark may claim priority on the basis of the first application for registration  of protection of the same subject matter if the following conditions are fully satisfied:

a/ The first application has been filed in Vietnam or in a country being a contracting party to a treaty containing provisions on priority right to which the Socialist Republic of Vietnam is also a contracting party, or in a country having agreed with Vietnam to apply such provisions;

b/ The applicant is a citizen of Vietnam or of a country defined at Point a of this Clause, who resides or has a production or business establishment in Vietnam or in a country

c/ The claim for the priority right is clearly stated in the application and a copy of the first application certified by the receiving office is enclosed;

d/ The application is filed within the time limit provided for in a treaty to which Vietnam is contracting party.

2. trade mark registration application, the applicant may claim the priority right on the basis of different earlier filed applications, provided that the corresponding contents of such earlier applications and the application are indicated.

3. An industrial property registration application enjoying priority right shall bear the priority date being the filing date of the first application.

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