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Notification of the formality examination result

By
sblaw
-

An application for a Industrial design registration filed with the NOIP shall be subject to formality examination for evaluating its validity.

Before the expiration of the time limit above,the NOIP shall complete the formality examination of applications and send notices on examination results to applicants.
*           For a valid application,the NOIP shall send to the applicant a notice on acceptance of valid application.
*           For an application failing to meet formal requirements,the NOIP shall send to the applicant:
With a notice of intended refusal to accept valid applications,clearly stating reasons and setting a time limit for the applicant to correct errors or to object such intended refusal and set a time limit of one month from the date of notification for the applicant to give opinions or correct errors;

Filing the Vietnam Industrial Design Application

By
sblaw
-
Filing the Vietnam Industrial design application is carried out as following:
In order to obtain right for industrial design in Viet Nam,you must file the application for granting an industrial design patent,directly or by mail,to the National Office of Intellectual Property of Viet Nam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.
Organizations,individuals of Viet Nam,foreign individuals permanently residing in Viet Nam and foreign organizations and individuals having a production or trading establishment in Viet Nam may file applications for an industrial design patent either directly or though a lawful representative in Viet Nam.
Foreign individuals not permanently residing in Viet Nam,foreign organizations and individuals not having a production or trading establishment in Viet Nam shall file applications for an industrial design patent through a lawful representative in Viet Nam.
The first to file principle
Viet Nam has adopted the first-to-file system,i.e. where two or more applications are filed by many different parties for protection of the same design,the patent may only be granted to the valid application with the earliest priority or filing date among
applications that satisfy all required conditions; where there are two or more applications satisfying all the conditions and having the same earliest priority or filing date,the industrial design patent may only be granted to a single application out of these applications under an agreement by all applicants. Without such an agreement,all these applications shall be refused for the grant of the industrial design patent.
Accordingly,it is advisable to file an application for an industrial design patent as soon as possible after the design was invented and not to make the design public before filing the application.

Transfer of Vietnam Industrial design applications

By
sblaw
-

Before the NOIP issues any of notices specified at Point 17.1.a of this Circular, an applicant may request the NOIP to record the transfer of his/her application to another person.

Requests for recording of the transfer shall be made according  to a set form (not printed herein) and relevant provisions of Point 17.1 of this Circular, and must contain documents proving that the transferee satisfies the requirement on the right of registration.

Conversion of Vietnam Industrial design applications

By
sblaw
-

a/ Before the NOIP issues a notice of its refusal to grant a protection title or a decision on the grant of a protection title, an invention registration applicant may convert the application for an invention patent into one for a utility solution patent or vice versa according to the provisions of Point e, Clause 1, Article 115 of the Intellectual Property Law, if the applicant pays a prescribed application conversion fee.

b/ After receiving a valid request for application conversion, the NOIP shall continue carrying out the procedures for processing the converted application  according to relevant provisions but shall not carry out again the procedures already completed for the application before the conversion request is
made.

c/ Requests for application conversion made after the time limit specified at Point 17.3.a above shall not be considered. Applicants may file new applications bearing the filing dates (dates of priority, if any) of parent applications.

Division of Vietnam Industrial design applications

By
sblaw
-

a/ The applicant may divide,on his/her own initiative or upon the request of the NOIP,his/her application (division and transfer of one or several technical solutions in an invention registration application, one or several industrial designs in an industrial design registration application, one or several components of a mark or part of the  list of goods and services in a mark regis tration application to one or several new applications referred to as divisional applications).

b/ A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any) of the parent application; and  shall be published according to the provisions of Point 14 of this Circular after the issuance of the notice on acceptance of valid application.

c/ For each divisional application, the applicant  shall pay a filing fee and all fees and charges for procedures carried out independently from the parent application but is exempted from the fee for claim for priority rights. Divisional applications  are subject to formality examination and shall be further processed according to the procedures not  yet completed for their parent applications. Divisional applications shall be re-published and applicants shall pay a publication fee if the division is effected after the NOIP issues notices on acceptance of valid applications for parent applications.

d/ Parent applications (after being divided) shall be further processed according to normal procedures and applicants shall pay an amendment and supplement fee.

Amendment and supplementation of Industrial design applications

By
sblaw
-

Amendment and supplementation of Industrial design applications are carried out as follows:

a/ Before the NOIP issues a notice on its rejection of an application, a notice on its refusal to grant a protection title or a decision on the grant of a protection title, the applicant may amend or supplement documents of the application on his/her own initiative or upon the request of the NOIP.

b/ In response to a request for amendment or  supplementation of the following documents, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents:

(i) Invention description or abstract, for an invention registration application;

(ii) Drawings, photos or description, for an industrial design registration application;

(iii) Mark specimen, list of goods and services bearing the mark, for a mark registration application;

(iv) Description of distinct characteristics, a map of the geographical area subject to the geographical indication, for a geographical indication registration application.

c/ The amendment and supplementation of an application must not expand the protection coverage (or increase the protection volume) beyond the contents  disclosed in the description, for invention or industrial design registration applications, in the  list of goods and services, for mark registration applications, and must not change the nature of the object stated in the application. If the amendment expands the protection coverage (increases the protection volume) or changes the nature of the object sought to be protected, the applicant shall file a new application and all procedures shall be carried out a new.

d/ The applicant may request correction of errors in the names and addresses of the applicant and the author.

e/ All requests for amendment and supplementation must be made in writing according to a set form (not printed herein). A request may be made for amendment of the same content related to many applications, provided that the requester pays a fee based on the number of to-be-amended applications.

f/ If the applicant amends or supplements the application’s documents on his/her own initiative after the NOIP issues a notice on acceptance of valid application, the amendments or supplements shall be made according to the provisions of Points 13.2,13.3 and 13.6 of this Circular. Amended and supplemented application contents shall be published in the Industrial Property Official Gazette
according to the provisions of Point 14 of this Circular and applicants shall pay a prescribed fee for such publication.

g/ The amendment and supplementation of an application, including change of the mandated party, which is made by the applicant on his/her own initiative or upon the request of the NOIP, must be made in writing, clearly specifying the amended and supplemented contents, and enclosed with an amendment and supplementation fee receipt. Documents containing amendments and supplements to applications must comply with the relevant provisions of Points 7,10 and 13 of this Circular.

Industrial Design Examination Procedure under Vietnam IP Law

By
sblaw
-

In order to reach the Industrial design registration certificate, the applicants have to fulfill the whole examination  procedure  consists of following steps:

1. Filing the application

2. Formality examination

3. Notification of the formality examination result

4. Refuse to accept the valid application

5. Publication of the application

6. Substantive Examination

7. Notification of substantive examination results

8.  Notification of refusal

9.Notification of intention to grant an industrial design patent and request to pay fee

10. Issue the Industrial design patent

11. Entry into the National Register of Industrial Property and publication of the industrial design patent.

Issuing and publication the Trademark Registration Certificate in Vietnam

By
sblaw
-

If the trademark is granted, the NOIP shall request the applicant to pay the fee for the grant of a trademark, the fee for notification of the trademark grant decision, the registration fee and the fee for maintenance of the first year’s validity of the trademark.

Within 10 days after applicant pays fully and on time the prescribed fees and charges, the NOIP shall carry out the procedures for granting the Mark Registration Certificate.

For the international mark registered through the Madrid system, the NOIP shall, if accepted for protection, issue and publish a decision on acceptance for protection of an internationally registered mark in its Industrial Property Official Gazette. At the request of an internationally registered mark owner, the NOIP issues a certificate of protection in Viet Nam of the internationally registered mark.

Notification of refusal trademark registration in Vietnam

By
sblaw
-
Stamp with word refuse inside, vector illustration
If the applicant to whom the National Office Intellectual Property (NOIP) has sent a notice on its intended refusal of the application fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the set time limit, the NOIP shall send a notice on its refusal of the application.
When dissatisfaction is in the decision of refusal of examiners, the applicant may appeal against the decision of refusal with Director General of NOIP or initiate lawsuits at court in accordance with procedures mentioned in the item (4) above.

Notification of substantive examination results

By
sblaw
-
On the date of expiration of the time limit for substantive examination of an application at the latest, the NOIP shall send to the applicant one of the following notices:
*                a notice on its intended refusal to grant a mark registration, clearly stating the reason(s) for refusal and setting a time limit of two (2) months from the date of issuance of the notice for the applicant to give opinions and satisfy the requirements. (the applicant may request prolongation of the above time limit), if the signs claimed in the application fails to satisfy the protection conditions;
*                a notice on its intended refusal to grant a mark registration, clearly pointing out errors and setting a time limit of two (2) months from the date of issuance of the notice for the applicant to justify or correct errors. (the applicant may request prolongation of the above time limit), If the signs claimed in the application satisfy the protection conditions but the application still contains errors;
*                a notice on its intended grant of a mark registration and request the applicant to pay the fee as referred to in the Item (9), if the signs claimed in the application satisfy the protection conditions or the applicant satisfactorily corrects errors or makes reasonable justifications within the time limit above.

Refuse to accept the valid application in Vietnam

By
sblaw
-

The refusal  accept the valid application of trademark registration is realized as follows:

If the applicant to whom the NOIP has sent a notice on its intended refusal of the application fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the set time limit, the NOIP shall send a notice on its refusal of the application and, upon the applicant’s request, refund the paid fees and charges for jobs to be done after the formality examination.

Applicants and all organizations and individuals having rights and interests directly related to decision may lodge a complaint with the Director General of NOIP or initiate a lawsuit at court if they disagree with the decision within 90 days from the date the person having the right to complaint receives the notice.

Within 10 days from the date of receipt of a complaint about the notice of refusal, NOIP shall issue a notice of acceptance or rejection of such complaint, clearly stating the reason(s) for rejection.

Upon the expiration of the time limit for settlement of the complaint about the decision or notice concerning the application for mark registration (the 1st complaints) by the NOIP, if the complaint is not settled or the complainant disagree with complaint-settling decisions of the NOIP, the complainant or person having rights and interests directly related to those decision may further lodge their complaints (the 2nd complaints) to the Minister of Science and Technology or initiate a lawsuit at court within 30 days from the date of expiration of the time limit for settlement of the 1st complaint if by that date the 1st complaint is not settled, or from the date the person having the right to complaint receives or knows about the decision on settlement of the 1st complaint. Upon the expiration of the time limit for settlement of the 2nd complaint above or if the complainant disagree with complaint-settling decisions of the Minister of Science and Technology, such complainant or person may initiate a lawsuit at court.

Request for correction and amendment of Vietnam trademark registration

By
sblaw
-

Before the expiration of the time limit above, the NOIP shall complete the formality examination of applications and send notices on examination results to applicants. The request for correction and amendment has 2 forms:

*   For a valid application, the NOIP shall send to the applicant a notice on acceptance of valid application.

*   For an application failing to meet formal requirements, the NOIP shall send to the applicant:

About a notice of intended refusal to accept valid applications, clearly stating reasons and setting a time limit for the applicant to correct errors or to object such intended refusal andset a time limit of one month from the date of notification for the applicant to give opinions or correct errors.

Formality examination of Vietnam’s trademark registration

By
sblaw
-

An application for a trademark registration filed with the NOIP shall be subject to formality examination for evaluating its validity.

The time limit for formality examination of an application is one (1) month from the filing date. In the course of formality examination, if the applicant corrects or supplements documents on his/her own initiative or upon the request of the NOIP, the time limit for formality examination may be prolonged for a period of time during which documents are corrected or supplemented.

The first to file principle of trademark registration in Vietnam

By
sblaw
-

Viet Nam has adopted the first to file system, i.e. where two or more applications are filed by many different parties for registration of the same mark, the registration may only be granted to the valid application with the earliest priority or filing date among applications that satisfy all required conditions;

Where there are two or more applications satisfying all the conditions and having the same earliest priority or filing date, the registration may only be granted to a single application out of these applications under an agreement by all applicants. Without such an agreement, all these applications shall be refused for the grant of a mark registration.

Accordingly, it is advisable to file an application for a patent as soon as possible after the invention and not to make the invention public before filing the application.

Filing the application of trademark in Vietnam

By
sblaw
-

In order to obtain the trademark registration in Viet Nam, you must file the application for granting a Trademark. The application for a trademark registration must be filed directly or by mail, to the National Office of Intellectual Property of Viet Nam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.

Organizations, individuals of Viet Nam, foreign individuals permanently residing in Viet Nam and foreign organizations and individuals having a production or trading establishment in Viet Nam may file applications for a mark registration either directly or though a lawful representative in Viet Nam.

Foreign individuals not permanently residing in Viet Nam, foreign organizations and individuals not having a production or trading establishment in Viet Nam shall file applications for a mark registration through a lawful representative in Viet Nam.

Foreign applicants can obtain a mark registration in Viet Nam by filing an international application with the International Bureau of the World Intellectual Property Organization (WIPO) which designates Viet Nam through the Madrid Agreement or the Madrid Protocol or both of them.

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