Question: We are foreign company and registered our trademark in Vietnam, please provide us the legal procedure on amendment of Certificate of trademark Registration and providing the evidence proofing the use of your trademark in Vietnam?
Answen: Following the discussion between you and our lawyer regarding to the amendment of Certificate of trademark Registration and providing the evidence proofing the use of your trademark in Vietnam, we are pleasure to advise you as below:
A. Providing the evidence proofing the use of your trademark in Vietnam
1. The use of trademark according to Vietnamese Law on Intellectual Property (IP Law).
According to the regulation at Article No. 124.5 of IP Law the use of a trademark is the performance of the following acts “(i). Affixing the protected mark on goods, goods packages, means of business, means of service provision, transaction documents in business activities;
(ii). Circulating, offering, advertising for sale or stocking for sale goods bearing the protected mark; and (iii) Importing goods or services bearing the protected mark.
2. The accepted evidence
For the forgoing, you are required to provide the following documents/information:
+ The means of business having the trademark in Vietnam; or
+ The means of service provision having the trademark in Vietnam; or
+ The transaction documents in business activities;
+ Advertising for your services in Vietnam.
and the aforementioned documents should clearly prove your actual business activity in Vietnam.
3. The measure for providing the evidence
For the foregoing, you arerequired to operate your business in Vietnam as soon as possible.
Please be noted that in case the use of your trademark is commenced or resumed at least 3 months before the request for termination, your trademark will no be cancelled.
We will provide you our option for taking this action upon your instruction.
4. The alternative measure.
In case, you could not carry the aforementioned measure, you could file a new application for re-registering your trademark in Vietnam. Our fee for taking this action has been informed you in previous email.
Please be noted that, this alternation has a disadvantageous. In case there is the similar trademark application having the priority date before the filing date of your application, your application will be refused and such prior application may be protected in case they are successfully cancelling your trademark.
B. Recordal of change of name/address of TM certification in Vietnam
1.1 Scope of works:
Our scope of work for amendment registration certificate contains:
-Consulting every problems related to filing of amendment application
– Preparing Application, signing in this (with your authorization) and filling your application in NOIP.
– Reporting on filing of the application after filing (immediately)
– Receiving all Notices from NOIP and reporting to you
– Handling all deficiencies relating to the Application (if requested from NOIP)
– Consulting to overcome NOIP’s refusal (in case of NOIP refuses to protect)
– Following the Application and immediately updating status of the application for you, until the final conclusion of NOIP about protection of trademark.
2.2 Procedure and timeframe
– Procedure and timeframe As regulated, for your amendment Registration certificate, the process may be extend from 4 to 6 months. In case of smooth, NOIP will Notice on record of Amendment Registration and you could record directly on your registration or online database of NOIP.
– Requirement Documents
• Official Certification
• Document to approve changing name and address of Applicant (in regular, applicant can use notarized version of Business Certificate Registration)
If you have any inquiry, please do not hesitate to contact us. We look forward to hearing from you soon.
Thank for your the cooperation..
