The registration of a trademark in Vietnam is the exclusive ownership of that mark, so the evaluation is very strict in terms of the form and content of the registration, so there are many cases where the application for registration, even though it has been filed but still rejected for various reasons. So what are the notes when filing a trademark application and why are the cases rejected?
Cases in which the application is refused
In general, when filing a trademark application, it is possible to be refused during the examination of form and content, also known as a refusal of form or refusal of content.
Refusal of formal examination
As the name suggests, the NOIP will conduct the examination within 1 month from the date of receipt of the application, the NOIP will consider the formality of the trademark registration application and may notify Invalid application, some cases are rejected at this stage such as incorrect form, incorrect spelling, erasing..The application does not meet the required number and accompanying documents (Currently, 2 applications will be submitted and 2 applications will be submitted. 5 trademark samples One application and five label samples will be received by the NOIP, the other application will be stamped with receipt and returned with the application number to the applicant, class for marks, lack of documents entitled to priority….
Of the above errors, the most common case is the incorrect description of the trademark and the wrong grouping of the registered product/service as this requires knowledge of intellectual property. So the best solution is to apply through representative organizations, which have expertise in intellectual property, almost 100% of applications will pass this stage of formal examination.
Refusal of Substantive examination
Substantive examination is the stage where the intellectual property agency will consider to decide whether to grant a protection title or refuse to grant it for a registered trademark. Regarding content rejection will mainly fall into the same or similar case for previously registered trademarks for similar products/services under article 74 of the IP Law: “The mark is considered capable distinguishable if it is made up of one or several recognizable and memorable elements or from many factors that combine into a recognizable and memorable whole and does not fall into the cases specified in Clause 2 of this Article. this.”
For example, the ANDO trademark will be rejected with the previously registered ANZO trademark when applying for a fashion product together.
In addition, the prohibited cases are also grounds for trademark rejection specified in Article 73 of the IP Law including:
“The following signs shall be ineligible for protection as marks:
1. Signs identical with or confusingly similar to national flags or national emblems.
2. Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese State bodies, political organizations, socio-political organizations, socio- politico-professional organizations, social organizations or socio-professional organizations or with international organizations, unless permitted by such bodies or organizations.
3. Signs identical with or confusingly similar to real names, aliases, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries.
4. Signs identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that their signs must not be used, unless such seals are registered as certification marks by such organizations.
5. Signs which cause misunderstanding or confusion or which deceive consumers as to the origin, properties, use, quality, value or other characteristics of goods or services.”
When the substantive is denied, there will be a time limit for replying within 3 months from the date of notification, when facing this case, the application owner needs to have enough arguments to believe that his trademark is distinguishable from other trademarks. previously registered similar trademark. Or the risk reduction when registering can be predicted before registration by looking up the registrability of the mark, you can go through the consulting companies to do the search and get the plan. the most reasonable registration advice.
Our Service Range
ASLAW provides customers with simple consulting and trademark registration services and ensures the highest registration ability. Services that ASLAW provides:
– Consulting and answering questions before proceeding with trademark registration procedures;
– Preliminary lookup and advice on the possibility of registration, the basis of overcoming the refusal from the NOIP;
– On behalf of the applicant, respond to the notice of refusal from the NOIP;
– Trademark registration service at the National Office of Intellectual Property includes drafting, filing and tracking the application until the final result.
In short, when conducting trademark registration, there will be certain risks. You can go through ASLAW to receive the most advice and risk screening and at the same time save time and effort when filing a trademark application with services.