INSTRUCTIONS FOR TRADE REGISTRATION
DECLARATION FORM 2022
Image 1. Instructions for filling in the trademark registration form
A trademark registration declaration is one of the indispensable documents in a trademark registration application. So how to fill out the trademark registration form properly? The following article will guide you in detail.
OUTLINES
1. Dossier for trademark registration.
2. Detailed instructions on filling in trademark registration declaration form.
- Currently, the NOIP only accepts industrial property registration applications for when meeting at least the types of documents specified at Points a, b and e, Clause 1, Article 100. Clause 1, Article 108 of the Intellectual Property Law. Includes the following documents:
- Registration declaration;
- Documents, samples and information showing the registered industrial property object;
- Specifically: for a trademark registration application, there must be a sample of the mark and a list of goods and services bearing the mark in the declaration.
- Copy of fee and fee payment voucher (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property).
- In case one of the above documents is missing, the NOIP has the right to refuse to receive the application.
- For an application for registration of a collective mark or certification mark, in addition to the above-mentioned basic documents, the application is also required to have the following additional dossiers:
- Regulations on the use of collective marks/certification marks;
- A description of the characteristic (or specific) nature and quality of the product bearing the mark (if the registered mark is a collective mark used for products of particular nature or is a quality certification mark) quality of the product or a mark of geographical origin);
- Map of the geographical area (if the registered mark is a mark certifying the geographical origin of a product, or a collective mark, a certification mark containing a place name or other sign indicating the geographical origin of a signature local product);
- Document of the People's Committee of the province or centrally run city permitting the registration of the mark according to the provisions of Point 37.7.a of Circular 01/2007/TT-BKHCN (if the registered mark is a collective mark, a trademark certificate containing a place name or other indication of the geographical origin of the local specialty).
Image 2. Details of the trademark registration declaration form
The mark registration declaration form is specified in Appendix A - Form No. 04-NH Circular 01/2007/TT-BKHCN.
- This section of the trademark application allows you to paste a sample of the mark in question. Some notes on trademarks:
- Label size should not exceed 80mm × 80mm
- Must be presented in the correct color to be protected or must be presented in black and white
- Mark “x” in the box corresponding to the type of protected trademark. There will be 3 main types in the prescribed trademark registration declaration, including:
- Collective trademark: is understood as the label of a collective organization of businesses for members to use according to the regulations prescribed by that collective.
- Associate mark: is understood as a mark identical or similar to another mark that you yourself have protected for related products or services of the same or similar type.
- Certificated trademarks
- Some notes when writing descriptions:
- Specify the constituent elements and the overall meaning of the mark;
- If the word is not in Vietnamese, it must be transliterated and translated into Vietnamese if it makes sense;
- Graphical description of letters and words if it is a distinguishing factor;
- Specify where to attach each part of the mark on the product or product packaging.
- Part (2): How to fill in the “Applicant” part of the trademark registration declaration
- Fill in all legal information of the applicant who is an organization or individual requesting the grant of a Protection Certificate upon request, including:
- Full name: Name of the organization or individual applying under the business registration certificate;
- Address: Address of the organization or individual filing the application for trademark protection under the business registration certificate;
- Phone, fax, Email: Fulfilling
- If there is another applicant, put an "x" in the box "Besides the applicant declared in this section, there are other applicants who declare on the additional page". After that, additional owners will be declared on the additional page of the declaration.
- Part (3): Representative of the applicant
- Mark “x” in the box corresponding to the types of objects represented by the applicant.Specifically:
- As the legal representative of the applicant: The head of the organization or the guardian of the minor.
- Is an authorized industrial property representation service organization of the applicant.
- Being another authorized person of the application owner: An authorized individual, a person belonging to an organization authorized by the head of the organization, the head of a branch of a representative office in Vietnam of a foreign organization.
- Concurrently, write the name and address of the individual or organization authorized to make the application. If the main applicant fills out the trademark registration form and files the application by himself, leave this section blank and do not need to fill it out.
- Part (4): Claiming priority
- If there is a claim for priority right, mark “x” in the box corresponding to the type of claim. Specifically:
- According to the first application(s) filed in Vietnam;
- According to the application(s) filed under the Paris Convention;
- By other agreement;
- Also fill in the required information in the side column: Application Number, Application Date and Application Country. If you do not have a need for priority right for your application, leave this section blank.
- Part (5): Fees and charges
- Most trademark registration fees are listed on the application form. Tick "x" in the box corresponding to the fees paid, and at the same time enter the number of charge objects and the corresponding payment amount in the 2 adjacent columns.
- Part (6): Documents included in the application
- Mark “x” in the box corresponding to the documents contained in the dossier submitted to the NOIP and fill in the required information.
- Note: Only fill in the documents included in the application
- The minimum dossiers that need to be included in the application include:
- Trademark registration declaration;
- Trademark template;
- Proof of payment of fees and charges if submitted via postal service or by direct transfer to the NOIP.
- Part (7): List and subheading of goods and services bearing the mark
- It is necessary to list the goods and services bearing the mark. The grouping of goods and services according to the International Classification of Goods and Services according to the Niz Agreement, in order from the group with the ordinal number from lowest to highest.
- Part (8): Applicant's commitment in the trademark registration declaration
- The application owner or the application owner's representative shall sign and specify his full name when making the trademark registration application if the applicant/applicant's representative is an individual.
- If the applicant or the applicant's representative is an organization, the position must be clearly stated and the certification stamp of that organization is required.
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- Here is Thinh Tri Law's advice on trademark registration declarations. Hope this information will be useful to you. If you still have questions about other issues related to the field of intellectual property according to the latest laws, please contact us:
THINH TRI LAW FIRM
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