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Review of Trademark and Copyright Agreement

By
sblaw
-

S&B Law understands that Client is now in need of our assistance in

(i) Reviewing the Trademark and Copyright Agreement (“Agreement”) to protect the highest possible rights and interests of Client while ensuring the compliance of the same with prevailing laws of Vietnam and

(ii) Reviewing the translation of the Agreement from English into Vietnamese.

Our legal services proposal on the above-mentioned works as follows:

I.       Scope of works to be done by S&B Law

S&B Law shall carry out the following works:

1.1     Reviewing and providing Client with a written legal advice/comments on the Agreement to protect the highest possible rights and interests of Client while ensuring the compliance of the same with prevailing laws of Vietnam and make necessary amendments of the Agreement for this purpose.

1.2     Reviewing and making amendments (if necessary) to the current Vietnamese version of the Agreement so as to ensure that it has been translated correctly from English into Vietnamese. Our works mentioned in this Item include the translation of our amendments of the Agreement which were made in Item 1.1 above.

II.      Timing

2.1     For the works mentioned in Item 1.1 above:

(a)     S&B Law shall provide Client with a written legal advice/comments on the Agreement and the revised Agreement in English within 05 (five) working days from the date of Client’s acceptance of this proposal letter.

(b)     Client shall, within 03 (three) working days from its receipt of written legal advice/comments and the revised Agreement in English, inform S&B Law of its written comments (if any) on the same. If Client has no comment in writing on the same within the period as stated in this Item, the works mentioned in Item 1.1 above shall be considered being completed.

(c)      Within 02 (two) working days from the receipt of Client’s comments as stated in Item 2.2 (b) above (if any), S&B Law shall make comment (if any) and amend accordingly and provide Client with the final Agreement in English. The works mentioned in Item 1.1 above since then shall be considered as being completed.

2.2     For the works mentioned in Item 1.2 above:

S&B Law shall review and provide Client with the Vietnamese translation of the final Agreement (including the translation of our amendments of and additions to the Agreement made in Item 1.1) within 03 (three) working days from the date of our completion of the works mentioned in Item 1.1.

How to file your industrial design in Vietnam?

By
sblaw
-
  1.   The fee for filling an industrial design application in Vietnam.

In order to file an industrial design application in Vietnam, the applicant has to pay the following fee:

1.1.Fee for filing an application for industrial design application (*)

– Additional charge for each additional variation from 2nd one

1.2. Claiming priority right (for each earlier priority)

1.3. Publication of industrial design application (*)

– Additional charge for each figure from 2nd one

1.4. Substantive examination (for each variation, inclusive of information search)

1.5. Granting patents for industrial design(including Register and Publication) (*)

– Additional charge for each figure from 2nd one

2. The required document for filling industrial design in Vietnam

 –          Original Power of Attorney (POA);

–          Description;

–         Six (06) sets of photographs/drawings in the same ratio comprising front, back, top, bottom, left, right and perspective views. Dimension of representation should not be larger than 210mm x 297 mm (A4 size) and not be smaller than 90mm x 120mm.

–          Priority document (if any)

Note: For Vietnamese applications, the POA is simply signed by the Applicant only. A scanned/faxed copy of the POA is acceptable upon filling, the original copy is submitted within 01 month from the filing date;

Registering Vietnam trademark

By
sblaw
-
  1.     The official fee for registering Vietnam trademark

It is different from the other countries as China, Thailand, 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 some fee for registering a trademark in Vietnam for client’s consideration:

1.1. Fee for filing an application for one class of G/S with up to 6 products in each class

– Fee for each additional class of G/S in the application

– Fee for each additional products in exceed of 6 in each class

1.2. Fee for granting a registration certificate for one trademark in one class of G/S;

– For each additional class of G/S in the application

2. The required documents for registering the trademark in Vietnam.

To enable us to proceed with filing of trademark registration in Vietnam, the following documents are required, respectively:

–          Name and address of the Applicant;

–          List of Goods/Services;

–          Specimen of the applied mark (in soft copy);

–          An original Power of Attorney (POA).

3. The Power of Attorney for filling trademark.

For Vietnamese applications, the Power of Attorney(POA) is simply signed by the Applicant only. A scanned/faxed copy of the POA is acceptable upon filing. Its original copy is submitted within 01 month from the filing date;

4. The class heading for filling application.

In Vietnam, class headings and/or general description of designated goods/services are not applicable. The G/S should be correlative to those having code number listed in the Nice classification 10th edition.

Cancellation of a Registered Trademark in Vietnam

By
sblaw
-

SBLAW would like to advise the cancellation of registered trademark in Vietnam as follows:

The procedure for the cancellation proceeding of trademark in National Office of Intellectual Property in Vietnam (NOIP) is brief as follows:

After the cancellation is filed with the NOIP, the NOIP will consider the request withing 3-6 months from the filing date.

If the request is found appropriate, the NOIP will send an official Notification to the cited mark owner requesting them to have the opinions on the cancellation.

The prescribed time for the response is 2 month from the issuance date of the Notification.

In case of response from the cited mark owner, the NOIP will continue considering the response with the submitted evidences.

If the evidences are not proper, the NOIP can make its final decision of the cancellation.

On the contrary, the NOIP will notify the Requester of the submitted evidences for further arguments.

There may be many arguments between the two parties during the process however, the NOIP will make decision after all relevant information on the evidences is clarified.

Normally, in case of many responses from the both sides, it may take around several months or even 1 or 2 years to complete the cancellation proceeding depending much on the complication of each case.

In case of no response from the cited mark owner after the 1st Notification is delivered, the NOIP may either send reminders to them for once or twice or issue official decision of cancellation of the registered mark within 3-6 months or a bit longer from the dates of reminders or the 1st Notification.

Vietnam Industrial Design Protection

By
sblaw
-

1.The fee for filling an industrial design application in Vietnam.

In order to file an industrial design application in Vietnam, the applicant has to pay the following fee:

1.1.Fee for filing an application for industrial design application (*)

– Additional charge for each additional variation from 2nd one

1.2. Claiming priority right (for each earlier priority)

1.3. Publication of industrial design application (*)

– Additional charge for each figure from 2nd one

1.4. Substantive examination (for each variation, inclusive of information search)

1.5. Granting patents for industrial design(including Register and Publication) (*)

– Additional charge for each figure from 2nd one

2. The required document for filling industrial design in Vietnam

 –      Original Power of Attorney (POA);

–       Description;

–       Six (06) sets of photographs/drawings in the same ratio comprising front, back, top, bottom, left, right and perspective views. Dimension of representation should not be larger than 210mm x 297 mm (A4 size) and not be smaller than 90mm x 120mm.

–        Priority document (if any)

Note: For Vietnamese applications, the POA is simply signed by the Applicant only. A scanned/faxed copy of the POA is acceptable upon filling, the original copy is submitted within 01 month from the filing date

Required document for filling patent in Vietnam

By
sblaw
-

In order to file a patent in Vietnam, inventor has to provide these following documents:

a.       The specification of the proposed patent;

b.      An original Power of Attorney which is simply signed by the Applicant. A faxed/scanned copy of the POA is acceptable upon filing provided that the original will follow within 01 months from the filing date;

c.       A certified copy of Priority documents.

Power of attorney for registering trademark in Vietnam

By
sblaw
-

SBLAW provides the following form of Power of attorney for your kind consideration:

 

POWER OF ATTORNEY

 

I/We, the undersigned:

hereby empower S & B CONSULTANCY CORPORATION at Floor 18, Center Building, Hapulico Complex, 85 Vu Trong Phung Street, Thanh Xuan District, Hanoi, Vietnam to proceed on my/our behalf in Vietnam with protection, registration, renewal our intellectual property objects such as Patent, Utility Solution, Industrial Design, Trademark, Copyright, etc and settlement of infringement related to our intellectual property rights as well as translation of the necessary papers and documents in accordance with the laws and regulations.

Consequently, S & B CONSULTANCY CORPORATION is authorized to prepare the necessary papers, sign documents on my/our behalf, submit or withdraw any papers and documents, translate the necessary papers and documents, pay prescribed fees and expenses and, in a broad terms, perform whatever act is required for the proper application and registration as well as for the legal protection of the above-mentioned objects.

 

Done in _____________________ on ___________

Vietnam Trademark Registration

By
sblaw
-

SBLAW would like to advise you procedure and our fee schedule in relation to the trademark registration registration 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.

Note: (*): The search fee is optional upon request. The search result will be available within 5-7 working days.

In case of any office action or any possible opposition which may occur during the application prosecution, an additional charge would be incurred depending the merits of each case.

2. PROCEDURE AND TIMELINE

In Vietnam, the duration for a trademark application from mature to proceed to registration is round 14-18 months from the filing date, involving these stages

(1) Examination as to formality and publication on the Gazette (3 months);

(2) Examination as to substance (9-12 months) and

(3) Issuance of registration certificate for the registered mark (2-4 months).

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.

In case of office action or opposition, the registration process may take 9 months or even a year more to complete.

3. REQUIRED DOCUMENTS AND INFORMATION

–          Name and address of the the Applicant;

–          List of Goods/Services (Nice 10);

–          Specimen of the applied mark (in soft copy);

–          An original Power of Attorney (POA).

Notes:

– For Vietnamese applications, the POA is simply signed by the Applicant only. Please further noted that a scanned/faxed copy of the POA is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date;

– In Vietnam class headings and/or general description of designated goods/services are not applicable. The G/S should be correlative to those having code number listed in the Nice classification 10th edition.

Selected recent SBLaw Credential in the field of industrial design enforcement

By
sblaw
-

SBLAW would like to provide some information about selected reccent credential in the field of industrial design enforcement as follows:

One Manufacturing rubber glove Company sent a request to Market Supervisor of Binh Duong and request them to settle the infringement action against their industrial design in Vietnam of the Client.

After reviewing the case, SBLaw advised the Client to negotiate with the said Company.

Accordingly, the Client and the said Company signed an agreement that the Client will not infringe upon the industrial design in future and the company withdraw the request.

Selected recent S&B Law Credential in the field of trademark enforcement

By
sblaw
-

1.The Client and a Vietnamese Company entered a license agreement for importing and distributing the products bearing the protected trademark of the Client in Vietnam.

However, the Vietnamese Company suddenly stopped to use the Client’s products and traded their own products bearing the sign that is confusingly similar to the Client’s Trademark.

After sending a Cease and Desist letter to Vietnamese Company, they did not comply with our request. S&B Law bring this case to the Inspector of Department of Science and Technology of Ho chi minh City.

The inspector performed an inspection at Vietnamese Company and enforce this company to stop the infringement action.

2.A Vietnamese Company imported and distributed wood floors bearing the sign that is similar to our Client.

After receiving the information from the Client. S&B Law took an investigation for locating the address of the infringer as well as the warehouse of this company. Based on the collected evidences, S&B Law file a request to Inspector of Ministry of Science and Technology.

The inspector performed an inspection at this company and sealed the goods (about 200.000.000 VND). Then, the owner of this company apologized to the Client and committed that they will not infringe upon the Client’s trademark in future. Thus, the Client decided to withdraw the request at Inspector.

Selected recent SBLAW Credential in the field of copyright enforcement

By
sblaw
-

SBLAW would like to provide some information about selected reccent credential in the field of copyright enforcement as follows:

SBLAW assisted Client in handling a copyright infringement case for Client.

A Vietnamese website owner copied art work of our client and replaced our client’s name with their name in their website.

SBLAW assisted Client to conduct an investigation on copyright infringement, analysis of success possibility and preparing warning letter.

The Website Owner removed the copied artwork of our Client after receipt of warning letter

One Education Service Company sent warning Letter to our Client claiming for compensation for Copyright Infringement.

SBLAW drafted and sent a response to this Company and pointed out that the Client does not infringe their copyright.

Intellectual Property Lawyers in Vietnam

By
sblaw
-

SBLAW-your IP lawyers in Vietnam, provides the following legal services:

– 10 working hours per month for timely update on circulars and reminders to you in respect of statutory obligations, legal exposure analysis, translation, documentation;

– Watching infringement of your IP Rights in Vietnam;

– Investigation on infringement of your IP Rights in Vietnam;

– IP Right Infringement Evaluation;

– Co-ordination with competent authority for IP Right Enforcement;

– Mediation and Litigation Support in IP Right Enforcement.

Patent Registration Proceeding in Vietnam

By
sblaw
-

As one of the leading Vietnamese IP law firms, SBLaw would like to advise you procedure and our fee schedule in relation to the patent registration proceeding in Vietnam as follows:

1. Procedure

a. Protection criteria:

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

Being novel

Being of an inventive step

Being susceptible of industrial application

Patent for invention

P

P

P

Patent for utility solution

P

P

b. Validity of Patent for Patent/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.

c. Procedure and timeline:

A patent application will be examined through the following process:

Time Frame

Content of examination
Formality examination 1-3 months from the filing date (if all required document are submitted) or from the date of supplementation of all documents Examination of formality of the patent application
Publication 19 months from the date of acceptance of application (if no request for early publication) Publishing application in IP Gazette
Substantive examination 18 months from date or the date of filing of the 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

d. 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). Please find enclosed the form of POA for your simple prosecution;

– Name and address:

+Applicant;

+ Author(s) of the 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.

2. Fee schedule

The basic fees are calculated based on the number of independent claim, pages of Vietnamese specification, priority claims and words of specification of the patent. Details are as follows:

i. Filing fees:

Work

Official fee (USD)

Agency fee (USD)
1. Filing an application for invention/utility solution (with one independent claim and not exceed 5 pages of specification)

11.00

100.00
– Addition charge for each independent claim from the second one

11.00

50.00
– Additional charge for each page from the sixth one

0.70

1.00
2. Claiming priority right

36.40

50.00
3. Publication of invention/utility solution application

7.30

35.00
4. Request for substantive examination for each independent claim

32.80

40.00
5. Translating fee from English into Vietnamese, ….. words (US$7.00 per 100 words)

–

…….

 ii.    Estimated fee for granting:

Work

Official fee (USD)

Agency fee (USD)
1. Granting patent for invention/utility solution (including Register and Publication)

22.00

50.00
– Additional charge for each independent claim from the second one

22.00

0.00
2. Annuities fee for the 1st year for the 1st independent claim

20.00

50.00
– Additional charge for each independent claim from the second one

20.00

0.00

Note: The above cost does not include 5% VAT (which is calculated based on our attorney’s fees), bank charge 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.

Form of Power of attorney for registration of industrial design

By
sblaw
-

In order to register your industrial design in Vietnam, We would like the Power of Attorney (POA) from your firm

This is the form of POA

POWER OF ATTORNEY

We, (name of address of applicant)

hereby empower S & B CONSULTANCY CORPORATION at 18 Floor, Center Building, Hapulico Complex, 85 Vu Trong Phung Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi, Vietnam to proceed on my/our behalf  in Vietnam with protection, registration, renewal our intellectual property objects such as Patent, Utility Solution, Industrial Design, Trademark, Copyright, etc and settlement of infringement related to our intellectual property rights as well as translation of the necessary papers and documents in accordance with the laws and regulations.

Consequently, S & B CONSULTANCY CORPORATION is authorized to prepare the necessary papers, sign documents on my/our behalf, submit or withdraw any papers and documents, translate the necessary papers and documents, pay prescribed fees and expenses and, in a broad terms, perform whatever act is required for the proper application and registration as well as for the legal protection of the above-mentioned objects.

Done in  (location)   on (date)

Signature: …………………………………………………………………………………………

Name: ……………………………………………………………………………………………

Title: ………………………………………………………………………………………………

Guidance for Copyright Registration in Vietnam

By
sblaw
-

If you have works and would like to register copyright, SBLaw will provide you this service in Vietnam as follows:

 

Registry Office Copyright Office under Ministry of Information and Communication of Vietnam
Required documents 1. A notarized Power of Attorney for SBLaw from the Applicant; legalization is not necessary (required at filing);

2.A notarized Deed of Assignment from the Author(s) to the Applicant if the Applicant and the Author(s) are not the same (required at filing);

3.A notarized document from the Author(s) guarantees that the work is created without copyright infringement;

4.Documents attesting to legal existence and business activities if the Applicant is an entity;   

5.A notarized copy of author’s passport;

6.Three complete copies of the work (required at filing).
Estimated Cost(per one work)

US$ 200.00
Approximate Time

10-15 working days

(from the date of filing proper documents with the registry Office)

 NOTE:

– The above fees are for straightforward applications, inclusive of official charge and our agency fee but exclusive of 5 % VAT of our agency fee, actual communication expenses, and other disbursements (if any);

– Please contact us for our further advice before filing applications.

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