Procedures for separation of trademark registration applications in Vietnam. According to the provisions of the Intellectual Property Law 2005 (Additional 2009), the time limit for processing a trademark registration application at the NOIP is 13 months from the filing date. However, the right to own, use and dispose of your trademark arises not only from the time the protection title is granted but also from the time the application is filed with the NOIP’s seal. The applicant has full rights to the mark, one of which is one or more elements of the mark, or part of the list of goods and services of the application for registration of the mark into one or more new applications. The separation of this application may be done at the request of the applicant or the request of the NOIP. In this case, according to the provisions of law, the application owner can separate the trademark application by himself or hire an intellectual property organization to separate the trademark application.
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– The split application will include the new application number and the filing date of the original application, or the priority date (if any) of the original application.
– For each divisional application the applicant must pay the filing fee and the charges for the proceedings carried out independently of the original application, but not the priority claim fee.
– Partial applications will be formally reviewed and further processed according to the incomplete initial registration procedure.
– If the divisional application is filed after the date the NOIP has issued a notice of acceptance of the valid application for the original application, the divisional application must be re-issued and the applicant must pay the publication fee.
– The original application (after separation) will continue to be processed according to the normal procedure and the applicant will have to pay a fee for the amendment and supplement of the application.
Why separate previously filed trademark applications in Vietnam?
When the applicant’s trademark registration application is notified by the NOIP according to the following examination results: Intent to refuse to grant due to the appearance of the mark/character resulting in the registration of the trademark is indistinguishable. In this case, the applicant has the right, before the NOIP’s notice, to confirm that the registered trademark is distinguishable from the controlled mark/trademark and to request the Bureau to issue a certificate to the applicant. . However, this answer can also be rejected, along with the rejection, NOIP will decide to refuse to grant a protection title for the registered trademark. Therefore, if an applicant is unsure whether his or her mark is clear, new steps must be taken to disconnect the application so that the portion bearing the indistinguishable mark can be removed and still have time to file. application of the old application.
Conditions for separation of trademark applications in Vietnam
The application can only be split before the NOIP issues a decision to refuse to accept the application in both form and content, refuse to grant a protection title, and grant a protection title (Question 1). (According to Article 115 of the property of the 2005 Intellectual Property Law, amended and supplemented in 2009 and 2019, Point 17.4 Article 17.2 Notice No. 01/2007/TTBKHDT.
Requirements in the separation of applications include:
- Form No. 04NH, Circular 01/2007 / Separation according to Appendix A of TTBKHCN
- 02 trademark registration applications (The declaration of a trademark registration application must clearly state the application number and filing date of the original application);
- 06 attached trademark samples;
- An application for separation of the trademark registration application;
- Power of attorney (when passed through an IP representative organization).