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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.

Notes for Vietnam trademark registration

By
sblaw
-

Trademark (TM) infringement in Vietnam is mushrooming in both intensity and scope.

As time for obtaining Certificate of Trademark Registration is 12 months counted from filing date (without any obstacle), one trademark is not protected during the examination period.

Therefore, in order to avoid any possible trademark infringement, producers had better filed application for TM registration at least one year before launching their new products into market.

It is much better to have a similarity search for the mark at National Office of Intellectual Property (NOIP) before filling application.

Since trademark registration is published once in Industrial Property Official Gazette, it can hardly be known to consumers and producers.

In order to avoid accidental infringement, trademark owner had better make announcement in newspapers

Trademark protection procedure in Vietnam

By
sblaw
-

SBLAW would like to provide some information about trademark protection procedure in Vietnam as follows:

I.Required documents:

1.       Power of Attorney that empowers S&B Law in conducting actions on trademark registration in Vietnam;

2.       12 specimens of mark with the size not larger than 8cm x 8cm;

3.       List of goods/services (under Nice Agreement, version X); and

4.       Priority claiming documents (if any).

II. DURATION FOR OBTAINING TRADEMARK CERTIFICATE REGISTRATION:

For a straightforward case, it takes about 12 months from the filing date to obtain Certificate of Trademark Registration for an application.

1.       The formality examination lasts for 3 months from filing date.

2.      The substantive examination last 9 months from signing date of Acceptance of legitimate Application;

III. OUR TRADEMARK SERVICE

Our trademark attorney will file your trademark application in Vietnam and will carry our all needed tasks before National Office of Intellectual Property (NOIP) to get registration approval.

Since your trademark is filed with NOIP, we will send you our filling advice which will include application number and filling date.

Vietnam National Phase of PCT application

By
sblaw
-

SBLaw would like to provide inventor Vietnam National Phase of PCT application as follows:

I. ENTRY INTO NATIONAL PHASE

31 months from priority date;

Note: The International Preliminary Examination Report (IPER) is a strong reference for patent examiner.

Required documents

1.       Specification and claims (Please send us before the deadline at least 1 month for our convenience in translation)

2.       Power of attorney (notarization is not required and it must be submitted within 34 months counted from the priority date)

3.       International preliminary examination report (if any)

4.       International search report (if any, recommended)

5.       International application publication

Note: PCT applications can be filed without PoA, DoA. However, the originals should be submitted within 34 months counted from the priority date of the applications. 

Procedure in national phase

 

INVENTION
Formality examination 1 months from the filing date
Deadline to file Request for substantive examination Within 42 months from the priority date
Substantive examination 12 months from receipt of the request
Duration(As stipulated by law) 13 months

 Note: In Vietnam, process of a PCT application may be considerably accelerated, if any of its patent family in US, EU, JP was granted. 

II. We also would like to provide inventor the guideline for Non –Pct patent in Vietnam as follows:

 

INVENTION
Term of Validity

20 years
Criteria for protection – Novelty- Inventive step

– Industrial applicability
Required documents
  • 1.    Specification and claim;
  • 2.     Notarized priority documents (if any);
  • 3.     Power of Attorney (PoA for S&B Law);
  • 4.     Deed of Assignment – DoA (if any)

PROCEDURE

Each application shall have to undergo formality and substantive examinations.

 

INVENTION
Formality examination 1 months from the filing date
Deadline to file Request for substantive examination Within 42 months from the priority date
Substantive examination 12 months from receipt of the request
Examination Duration(As stipulated by law) 13 months

NOTE:

1. Application can be filed with a fax copy of PoA, DoA at the filing date. However, the originals should be submitted within 3 months from the filing date.

2. Applications claiming Paris Convention priority must be filed within 12 months from the priority date.

3. In Vietnam, the process of a patent application may be considerably accelerated if any if its patent family in US, EU or JP was already granted.

4. If an invention is refused due to the lack of inventive step, Applicant shall have right to request for conversion of the invention application into utility solution one. The fee for conversion shall be inform later;

5. The annuity fee must be paid from the year of granting Patent of invention. The annuity fee for the next validity year must be settled within 6 months before the ending date of the current validity year.

Guideline for Industrial Design in Vietnam

By
sblaw
-

SBLaw would like to provide the guideline for industrial design in Vietnam as follows:

Criteria for protection: Novelty and Pattern for industrial or handicraft manufacture

I. Approximate time to obtain Design Patent: 12 months

II. Renewal:

Maximum renewals: 2 times

Renewal should be paid within 6 months prior to the expiry date (a grace period of 6 months expiry date is available providing that the Design Owner must pay late renewal fee)

III.Term of Validity: 5 years (each term) and 15 year (maximum, 2 times of renewal)

IV. Required documents:

  1. Description;
  2. 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.
  3. Power of Attorney for SBLaw
  4. Deed of Assignment of Right to file application (if any)
  5. Priority document (if any)

Measures against infringement products in Vietnam

By
sblaw
-

After launching products in to the Vietnam market, your company may face with infringement by other company, which are local companies or even companies from other Asian countries.

Once other company infringes your company’s products, your company can conduct following methods:

– Conciliation method: accordingly, S&B Law will act on behalf of your company to negotiate with the infringer (manufacturer, importer or distributor), requesting them to cease their infringement actions, signing Cease and Desist Letter to commit that they will not further produce/import/distribute infringement products;

– Requesting the administrative measures from Authorities: accordingly, Vietnamese competent authorities will proceed administrative action on immediately cease the circulation of infringement products in Vietnam;

– Border measures: accordingly, your company will register your IP right and sole distributor in Vietnam with the Customs Authorities.

Once a product that is suspected to infringement, it will be notified to your company or your representative in Vietnam. Upon your request to the imported product, the Customs authorities will have the final Decision on approval for importation or non-approval for importation.

IP matter concerning to the pharmaceutical products in Vietnam.

By
sblaw
-

In IP aspect, set-out requirement are included as but not limited to the following:

– Your trademark must not be confusingly similar to or identical with registered trademarks for the same products of any third parties; and

– The Generic compound must not be infringement over patent invention of any third parties.

Therefore, in order to meet above said IP requirement, your company should:

For trademark:

– You must present a Certificate of Trademark Registration owned by your company; or

– You must present a License Agreement that entitle your company a legitimate use of a trademark in Vietnam; or

– You must present a Letter of Certification by Vietnam National Office of Intellectual Properties, accordingly NOIP confirm your legitimate use of the trademark; or

– You must present a Similarity Search with positive result of a trademark and copy application for the said trademark.

For Invention:

– You must present a Patent owned by your company; or

– You must present a Letter of Certification by NOIP, confirming your legitimate use of the invention in the products (if any).

Notes for Vietnam trademark registration

By
sblaw
-

Trademark (TM) infringement in Vietnam is mushrooming in both intensity and scope.

As time for obtaining Certificate of Trademark Registration is 12 months counted from filing date (without any obstacle), one trademark is not protected during the examination period.

Therefore, in order to avoid any possible trademark infringement, producers had better filed application for TM registration at least one year before launching their new products into market.

It is much better to have a similarity search for the mark at National Office of Intellectual Property (NOIP) before filling application.

Since trademark registration is published once in Industrial Property Official Gazette, it can hardly be known to consumers and producers.

In order to avoid accidental infringement, trademark owner had better make announcement in newspapers

Trademark Registration Procedure in Vietnam

By
sblaw
-

SBLAW would like to provide some information about trademark registration procedure in Vietnam as follows:

I.Required documents:

1.       Power of Attorney that empowers S&B Law in conducting actions on trademark registration in Vietnam;

2.       12 specimens of mark with the size not larger than 8cm x 8cm;

3.       List of goods/services (under Nice Agreement, version X); and

4.       Priority claiming documents (if any).

II.DURATION FOR OBTAINING TRADEMARK CERTIFICATE REGISTRATION:

For a straightforward case, it takes about 12 months from the filing date to obtain Certificate of Trademark Registration for an application.

1.       The formality examination lasts for 3 months from filing date.

2.      The substantive examination last 9 months from signing date of Acceptance of legitimate Application;

III.OUR TRADEMARK SERVICE

Our trademark attorney will file your trademark application in Vietnam and will carry our all needed tasks before National Office of Intellectual Property (NOIP) to get registration approval.

Since your trademark is filed with NOIP, we will send you our filling advice which will include application number and filling date.

 

Guideline for non-PCT Patent in Vietnam

By
sblaw
-

Guideline for non-PCT Patent in Vietnam

INVENTION UTILITY SOLUTION
Term of Validity 20 years 10years
Criteria for protection – Novelty- Inventive step

– Industrial applicavility

 – Novelty- Industrial applicability
Required documents
  1. Specification
  2. Power of attorney
  3. Certified document for claiming priority right (if any)

Deed of assignment (if any)

All you have to do is provide us the above required documents

PROCEDURE

Each application shall have to undergo formality and substantive examinations.

INVENTION UTILITY SOLUTION
Formality examination 1 month from the filing date (if all required document is submitted) or from the date of supplementation of all documents.
Deadline to file request for substantive examination Within 42 months from the priority date Within 36 months from  the priority date
Substantive examination 12 months from the date of examination request or date of publication (if examination request is filed upon filing)
Duration (As stipulated by law) 13 months

Note:

–         Application can be filed without original PoA at the filing date. However, a  copy is filed at filing and the original should be submitted within 3 months from the filing date.

–         Applications claiming Paris Convetion priority must be filed within 12 months from the priority date.

–         In Vietnam, the process of a patent application may be considerably accelerated if any its patent family in US, EU or JP was already granted.

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