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Vietnam Logo Registration

Update Date:2015-10-7 17:59:06 Source:Tannet (Malaysia) Sdn Bhd Views:256

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Vietnam Logo registration are required register IP protection at National Office of Intellectual Property of Vietnam (NOIP). National Office of Intellectual Property of Vietnam (NOIP) is the government body responsible for registering IP protection.


 


Vietnam Logo Applications

Each application can be used for one Logo only. However, multi-class applications are possible in Vietnam, accordingly up to 45 classes of goods and services can be claimed under one application. The goods and/or services under the application must be classified according to the International Classification of Goods and Services under the Nice Agreement

The NOIP accepts a general power of attorney for Logo filings of one applicant. In case the power of attorney specifies particular marks of the Logo applicant, then separate power of attorney will be required for any subsequent marks of the applicant not specified in the original power of attorney. Requirements to the Power of Attorney. The POA must be submitted within 1 month from filing the Logo application in Vietnam. Notarization or legalization is not required. However, the certified copy of the priority document must be translated into Vietnamese.


Vietnam Logo Examination

All Logo applications will be examined by the National Office of Intellectual Property of Vietnam (NOIP) with respect to formality requirements. If the application is found to satisfy the formality requirements, then it will be accepted as legitimate by the NOIP in a Notification of Acceptance which provides official filing date, official filing number, and priority date if any. In case the application does not meet the formality requirements, the NOIP will reject the application by a Notification of Refusal of Acceptance or request corrections or amendments, as the case may be.


Upon expiry of the formality check and where the application is accepted as legitimate, the application will be published in the IP Gazette from the acceptance date and then, passed to substantive examination which takes place within a 06 month period from the date of publication of the application. The substantive examination is to consider whether the claimed Logo (i) possesses distinctiveness and (ii) is of those signs excluded from Logo protection.


Acceptance of Protection

If upon expiry of the substantive examination, the Logo is found to be registrable, the NOIP will grant Certificate of Logo Registration for the Logo, and publish the Certificate in the IP Gazette.

Where the Logo is unregistrable, the National Office of Intellectual Property of Vietnam (NOIP) will issue a Notification of Examination Result of Application notifying the applicant of the intended refusal of grant of the certificate and reasons therefore, or of the deficiencies or amendments which should be corrected or made. The applicant has 2 months to reply or make necessary amendments. If the applicant fails to reply or the response is not appropriate, the NOIP will officially issue a Notification of Refusal of Granting Certificate of Logo Registration. To the contrary where the response is satisfactory, the Certificate of Logo Registration or Decision of Acceptance of Protection will be granted as above mentioned.


Vietnam Logo Protection

 A certificate of Vietnam Logo registration shall be effective from the granting date and last for 10 years from the filing date, and can be renewed for indefinitely for each consecutive 10-year term. Renewal request may be filed late within a 6-month grace period.


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