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Industrial design registration

By
sblaw
-

SBLAW would like to provide the client the legal procedure to register industrial design in Vietnam as follows:

1. Procedure

 Protection criteria:

A industrial design shall be eligible for protection in the form of the grant of a Patent for Industrial Design when it satisfies the following conditions:

Being novel Being of an inventive step Being susceptible of industrial application
Patent for industrial design            +                +                      +

2.Validity of Patent for Industrial Design:

Patent for Industrial Design shall have a validity starting from the granting date and expiring at the end of 05 years counting from the filing date. It may be renewed for two consecutive terms, each of 05 years.

3.Procedure and timeline:

An industrial design application will be examined through the following process:

Time Frame Content of examination
Formality examination 01-02 months from the filing date (if all required document are submitted) or from the date of supplementation of all documents The legitimation of the application and enclosed documents will be examined. If these documents meet the formality requirements, the Department of Industrial Design will issue the decision on the legitimate formality of the application.
Publication 02 months from the date of acceptance of application (if no request for early publication) The application will be published on the Industrial Property Gazette.
Substantive examination 09-12 months from the date of filing request for substantive examination (if it is filed after the publication date) or from the publication date (if the request for substantive examination is filed before the publication date) The protective criteria of the industrial design will be examined.
Granting 01-03 months from the date of Notification to Grant Patent for Industrial Design – The Applicant pays the registration and publication fees.

– The Industrial Design will be published on Industrial Property Gazette.

Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

5.Required documents and information:

For us to filing a patent application, the following documents/information should be provided:

  • The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required;
  • Name and address of:
  • Applicant;
  • Author(s) of industrial design;
  • Title of the industrial design;
  • Indication of the kind of products for which the industrial design is to be used;
  • Priority document (if any);
  • The set of picture of the industrial design under the guideline of SBLAW;

How to protect our patent in Vietnam?

By
sblaw
-

Question: We would like to know the procedure for protecting the patent in Vietnam, please advise?

Answer: Regarding your enquiries concerning the subject matter, we would like to advise you procedure  in relation to the patent registration proceeding in Vietnam as follows:

1.PATENT/UTILITY SOLUTION REGISTRATION

Protection criteria:

A patent shall be eligible for protection in the form of a Patent for Invention/Utility Solution when it satisfies these following conditions:

 

 

 Being novel Being of an inventive step Being susceptible of industrial application
Patent for invention           +                    +                    +
Patent for utility solution          +
                    +                    +

 2.Validity of Patent for Invention/Utility Solution:

Patent for Invention shall have a validity starting from the granting date and expiring at the end of 20 years counting from the filing date.

Patent for Utility Solution shall have a validity starting from the granting date and expiring at the end of 10 years counting from the filing date.

3.Procedure and timeline:

A patent application will be examined through the following process:

 

                Time Frame       Content of examination
Beginning of the national phase 31 months from the date of priority Submitting all required documents
Formality examination 1-3 months from the filing date (if all required documents are submitted) or from the date of supplementation of all documents Examination of formality of the patent application
Publication 19 months from the filing date after the acceptance of application (if no request for early publication) Publishing application in IP Gazette
Substantive examination 18 months from the date of filing request for substantive examination (if it is filed after the publication date) or from the publication date (if the request for substantive examination is filed before the publication date) Examination of criteria of protection of the patent application
Granting 01-03 months from the date of Notification to Grant Patent for Invention/Utility solution – The Applicant pay the registration and publication fees

– Publishing the Patent in IP Gazette

Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

4.Required documents and information:

For us to filing a patent application, the following documents/information should be provided:

  • The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 01 month from the filing date);
  • The paper on assignment of the right to file an application in the national phase (if any) within 34 months from the date of priority;
  • The copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);

– Name and address of:

– Applicant;

– Author(s) of invention/utility solution;

– A soft copy in word format of the English specification of the application for translation into        Vietnamese is requested to provide via email at the time of instruction.

JPO acts as NOIP’s IPEA and ISA under the PCT system

By
sblaw
-

Having considered the capacity of Japan Patent Office (JPO), the National Office of Intellectual Property of Viet Nam officially recognizes JPO as one of the International Searching (ISA) and Preliminary Examination Authorities (IPEA) for international patent applications originating from Viet Nam under the PCT system as from 01 July 2012. Hence, since the above date, Vietnamese applicants have one more option to select the international searching and preliminary examination authority for their PCT applications, apart from national IP offices of Russia, Sweden, Republic of Korea, Austria and the European Patent Office.

SBLAW is recommended by The Legal500 in the field of Intellectual Property

By
sblaw
-
Lawyer Vuong Minh Hang

The Legal 500, is widely acknowledged as the world’s largest legal referral guide. More than 250,000 corporate counsel are surveyed and interviewed globally each year. Firms and individuals are recommended purely on merit.

Our Lawyers are recommended by The Legal500 in the field of Intellectual Property for year of 2016. This is comment about SBLAW.

“SB LAW is lauded for the ‘quality of its service’ and its ‘knowledge and expertise’ of IP. The team has an active trade mark registration practice and is advising West Food Company on registering trade marks in Vietnam, Japan and Pakistan, which includes conducting trade mark searches. The firm is handling IP enforcement matters for new client ABB. Pham Duy Khuong is ‘particularly responsive and able to attend to instructions on an urgent basis’. Deputy director of IP Vuong Minh Hang joined from Rouse Legal”

Registration for Overseas Vietnamese Inventions

By
sblaw
-

Prevent violations of patents and industrial designs

By
sblaw
-

Strengthening intellectual property in TPP

By
sblaw
-

Vietnam – Quotation for Entry into National Phase of PCT Application

By
sblaw
-

Question: I want a patent registration through PCT in Vietnam. If you can, please advise me as following matters.

1) How long and how much does it cost to completion?

2) Any other documents needed?

Answer:  We refer with thanks to your email concerning the above matter and we would like to advice as below:

1.The schedule of charge

From your information, the costs for entering into the national phase of the patent application are calculated based on the number of independent claim, page of Vietnamese specification, priority claim and words of specification.

Note: The above cost does not include 5% VAT (which is calculated based on our attorney’s fees) and communication costs (which will be billed on the basic of actual expenses).

No other fees are payable in case the application goes smoothly, without any objection from a third party or the NOIP’s examiner.

Fees for responding to any official action include fee for filing a response to official action (at least US$50.00 each time, including official fee and our service charge) and fee for advising, preparing and reviewing which will be charged on an hourly basis at the rate of US$300/hour.

We will obtain client’s approval of any further expenses incurred during the prosecution of the application prior to proceeding.

In the meantime, we are pleased to attach hereto the latest schedule of charge, for your reference and records.

As you can see that our fees are cost-competitive with that offered by other local firms without sacrifice in the quality of work.

Our billing policy is that we do not charge for “a learning curve” and do not charge for all hours we work, thus, lowering clients’ costs.

Similarly, we do not build any profit into expenses i.e. we charge clients exactly what it costs us for the expenses.

2.Timeframe for examination of a patent application.

 A patent application will be examined through the following process:

i) Formality examination: The Patent application undergoes one-month formality examination counted from the filing date.

ii) Publication: The Patent application is published within 2 months from the date such application is accepted as being valid.

iii) Substantive examination: The result of substantive examination is expected available within 18 monthsfrom the date of filing of the request for substantive examination (if it is filed after the publication date) or from the publication date (if it is filed before the publication date).

 iv) Granting: Within 01 month from the date of Notification to Grant Patent for Invention/Utility model, the Applicant shall have to pay the registration and publication fees. The Patent shall then be granted and published in the Industrial Property Gazette within 02 months from date of Notification.

 3.The required documents

 In order to file a patent application in Vietnam, your client is required to provide with us the following document:

i) The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 01 month from the filing date). Please find enclosed the form of POA for your simple prosecution

ii) Front page of PCT application.

 iii) A soft copy in word format of the English specification of the application for translation into Vietnamese is requested to provide via email at the time of instruction

 4.Other information:

i) Deadline: Please be informed that the deadline for entering into Vietnamese national phase of a PCT application is 31 monthsfrom the priority date.

ii) According to our practical experience, Vietnamese examiners intend to base on examination results by their co-partners from prestigious Patent Offices, e.g. EPO, USPTO or JPO. Therefore in order to accelerate the examination procedure of patent application, the applicant should provide the Vietnamese Patent Office the granting information of the corresponding application.

 

Protection of patent for Vietnamese Oversea

By
sblaw
-

Lawyer Nguyen Thanh Ha, chairman of SBLAW talked about protection of patent for Vietnamese Oversea. This program was published in Netviet Channel.

Franchise consultants

By
sblaw
-

Will the TPP transform intellectual property regulation

By
sblaw
-

Issuing Joint Circular guidance for handling trade name infringement of industrial property rights in Vietnam.

By
sblaw
-

In 05 April 2016, the Ministry of Science and Technology and the Ministry of Planning and Investment issued the Joint Circular No. 05/2016 / TTLT BKHCN-MPI detailed regulations and guidelines for case handling trade name infringement of industrial property rights. This Joint Circular apparently shall become effective on May 20, 2016. SBLAW would like to provide you with the following summary of the Circular:

The Joint Circular provides detailed guidelines on how IP (trademark, trade name, geographical indication) owners can deal with a trade name which infringes upon their IP rights.

 The Joint Circular provides procedures for the IP right owners to enforce a decision issued by the competent authority if:

  1. A conclusion has been issued that the use of trade name infringes upon the IP rights of others (without any administrative sanctions), there is a reasonable time (30 days) for two parties to negotiate a dispute resolution (which may include a timeframe).  If a resolution is not agreed, the IP right holder may ask the DPI to force the name change; or
  2. If a decision which provided an administrative sanction of forcing the change of company name has been issued by the competent authority, the infringer has 60 days to proactively change their trade name, otherwise the authority who issued the administrative sanction decision will request the DPI to implement the decision. Accordingly, DPI will be forced to change the name or even withdraw.

 

Madrid agreement and protocol concerning the international registration of marks

By
sblaw
-
Madrid agreement and protocol concerning the international registration of marks

MM18(E)

 

MADRID AGREEMENT AND PROTOCOL CONCERNING THE

INTERNATIONAL REGISTRATION OF MARKS

declaration of intention to use the mark – United States of America

(to be annexed to each international application or subsequent designation in which the United States of America is a designated Contracting Party)

IMPORTANT

 

  1. This form contains the exact wording of the declaration of intention to use the mark required by the United States of America.  It should not be amended in any respect.  Deletions, modifications or inclusions of text will result in the declaration being considered as irregular.

 

  1. The United States of America has required that the declaration of intention to use the mark be made in English, even if the international application or the subsequent designation is in French.  Therefore, this form is available in English only.

 

World Intellectual Property Organization

34, chemin des Colombettes

1211 Geneva 20, Switzerland

Tel. (Switchboard):  +41 (0)22 338 9111

Fax (Madrid Registry):  +41 (0)22 740 1429

e-mail:  intreg.mail@wipo.int – Internet:  http://www.wipo.int

 

MM18(E)

Declaration of intention to use the mark:

United States of America

By designating the United States in the international application/subsequent designation, the person signing below declares that:

(1)      the applicant/holder has a bona fide intention to use the mark in commerce that the United States Congress can regulate on or in connection with the goods/services identified in the international application/subsequent designation;

(2)      he/she is properly authorized to execute this declaration on behalf of the applicant/holder;

(3)      he/she believes applicant/holder to be entitled to use the mark in commerce that the United States Congress can regulate on or in connection with the goods/services identified in the international application/subsequent designation; and

(4)      to the best of his/her knowledge and belief no other person, firm, corporation, association, or other legal entity has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive.

I declare under penalty of perjury under the laws of the United States of America that all the foregoing statements are true and correct to the best of my knowledge and belief.  I understand that willful false statements and the like may jeopardize the validity of the application or document or any registration resulting therefrom, and are punishable by fine or imprisonment, or both (18 U.S.C. §1001).  35 U.S.C. §25(b).

________________________                                         ___ August, 2015

Signature                                                                            Date of execution (dd/mm/yyyy)

Signatory’s Name (Printed)

INSTRUCTION

This declaration must be signed by:

(1)       the applicant/holder or a person with legal authority to bind the applicant/holder; or

(2)       a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant/holder; or

(3)       an attorney who is authorized to practice before the United States Patent and Trademark Office under 37 C.F.R. §10.1(c), who has an actual written or verbal power of attorney or an implied power of attorney from the applicant/holder.
INFORMATION REQUIRED BY THE INTERNATIONal BUREAU

(a)   Where the present declaration refers to an international application based on a basic application, indicate:

Basic application number:                                                        Date of the basic application:                                            (dd/mm/yyyy), or

(b)   Where the present declaration refers to an international application based on a basic registration, indicate:

Basic registration number:                                                        Date of the basic registration:                                            (dd/mm/yyyy), or

(c)   Where the present declaration refers to a subsequent designation of an international registration, indicate:

International registration number:                                                                                                                                                                   

International Bureau’s reference (where applicable):                                                                                                                                            

Name of applicant/holder:                                                                                                                                                                                     

Register a new trademark in Vietnam

By
sblaw
-

Question: We want to proceed to register a new trademark in Vietnam.

We want to know how much is the cost to file an application of trademark in Vietnam (Official fees, attorney fees …all cost included)

Please could you send us the required information, so we can inform our client, and after we will confirm you if the application will be done.

Thank you so much for your attention.

Answer: Thank you very much for your email regarding the subject matter. Regarding your enquiries concerning the subject matter, we would like to advise you on the procedure and our fee schedule in relation to the trademark registration proceeding in Vietnam as follows:

1. FEE SCHEDULE

In Vietnam, multi-class application is applicable. The basic fees are calculated based on the number of class of goods/services (G/S) in each application as well as the number of products designated in each class in the application.

Below is the breakdown of charges for search and registration for one trademark in a smooth case, for your consideration:

1.1 Fee for searching of 01 trademark/01 class

Description

Official Fees

(USD)

Attorney’s Fees

(USD)
Fee for conducting 01 trademark search in 01 class (optional)

–

100.00

 

1.2. Fee for registration of 01 trademark

Description

Official Fees

(USD)

Attorney’s Fees

(USD)
1. Fee for filing to registration for the first class of G/S with up to 6 products/services in one class (including fee for granting certificate)

80.00

200.00
2. Fee for filing to registration for the second class of G/S with up to 6 products/services in one class (including fee for granting certificate)

50.00

130.00
3. Fee for each additional goods from 7th one (if any)

7.00

3.00

Note:  The above-quoted fees do not include 5% VAT of our service charge, bank charges ($US30) and actual communication costs ($US30-$US40), additional fees in case of refusal (due to similarity to /identity with other trademarks which were already registered). In case of any office action or any possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

2. PROCEDURE AND TIMELINE

The duration of a trademark search is around 05-10 working days. The duration of trademark application is around 14-18 months – from the filing date to the actual receipt of the registration.

The process involves these stages (1) formal examination and publication in the Gazette (3 months); (2) examination as to substance (9 months) and (3) issuance of registration certificate of the registered mark (2 months).

Kindly note that the term for registration process in practice normally takes up to several months longer due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

3.  REQUIRED DOCUMENTS AND INFORMATION

–       Name and address of the Applicant;

–       List of Goods/Services;

–       Specimen of the applied mark;

–       An original Power of Attorney which is simply signed by the Applicant (Please be informed that a scanned/faxed copy of the Power of Attorney is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date).

We hope the above is of your assistance. Should you have any inquiry, please do not hesitate to contact us. We look forward to hearing from you very soon.

Intellectual Property Rights Services in Vietnam

By
sblaw
-

We “SBLAW” have been widely appreciated as a leading IP law firm in Vietnam Backed by our capabilities, we have been able to offer cutting-edge solution to corporations, individuals and international entities across the globe.

Our workforce comprises eminent lawyers and advocates having expertise in handling matters before the District Courts, High Court, Tribunals, Commissions and the Supreme Court and arbitration of Vietnam .

We have expertise in handling matters pertaining to intellectual property rights which includes the following:

– Filing of trademark, patent, copyright and design applications

– Filing of PCT Applications designating Vietnam 

– Handling and Prosecuting of Oppositions in Trademark and Patent matters

– Handling of Cancellation and Rectifications petitions pertaining to Trademarks, Patents, Designs and Copyright

– Handling and attending of cases before the Tribunal specially designed to hear Intellectual Property matters and before all courts including District Courts, High Courts and Supreme Court and International Arbitration of Vietnam

– Drafting, negotiating and concluding, license, franchise and distribution agreements pertaining to intellectual property rights

– Handling of domain name disputes

With years of experience in Intellectual Property Law including trademark, Patent, Copyright, Design filing, prosecution and enforcement in Vietnam, we are certain we can provide with excellent services, top expertise, and more than just a competitive pricing.

We have been providing IPR services to high tech start-up companies, pharmaceutical corporations, Multinational Houses, Law Firms, Fashion Designers, manufacturers, Technology and IT corporates etc..

For further information on the services rendered by our firm please visit our website www.ipright.vn

We will be happy to assist in filing new applications pertaining to IP or handling the existing ones, as well as any other intellectual property matters the client may have in Vietnam.

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