ORDER AND PROCEDURES

FOR BRAND INTELLECTUAL PROPERTY REGISTRATION 

OUTLINES

1. Why trademarks need to be registered for intellectual property? 

2. Conditions for trademark protection.

3. Order and procedures for trademark intellectual property registration.

4. Location of trademark intellectual property registration.

• Trademark intellectual property registration is one of the important and necessary procedures for owners to protect their products and services in today's competitive market. Individuals and organizations registering trademark intellectual property not only promote the brand image for their products and services but also contribute to creating trust for customers, ensuring healthy competition. Thus, trademark registration is crucially important. In this article, we will clarify how important of trademark registration is as well as show order and procedures for registration.

 

Why do trademarks need to be registered for intellectual property? (illustration)

1. Why do trademarks need to be registered for intellectual property?

1. Brand concept:

According to Clause 16, Article 4 of the Intellectual Property Law, a trademark is a sign used to distinguish services and goods of different individuals and organizations.

2. The concept of intellectual property rights:

• According to Clause 1, Article 4 of the Law on Intellectual Property, the rights of individuals and organizations to intellectual property are called intellectual property rights.
• Intellectual property rights include industrial property rights, copyright and plant variety rights.

3. Meaning of intellectual property registration:

• The registration of intellectual property for a trademark is a common administrative procedure today even though it is not mandatory. However, the registration of trademark intellectual property is really necessary because:

• Only when registering intellectual property for a mark and being granted a protection title by a competent authority will the trademark intellectual property right be truly promoted.
• Only when carrying out the registration of intellectual property for a trademark will the owner be protected by law.
• Only when carrying out the registration of intellectual property for a trademark can it be transferred, transferred to others to use and benefit from this.
• Only when registering intellectual property for a trademark, there is no fear of other people infringing on trademark ownership, no plagiarism, copying, counterfeiting and the owner is assured of market expansion, production investment, product and service development.

2. Conditions for trademark protection:

• For a trademark to be protected, it must satisfy the following conditions under Article 72 of the Intellectual Property Law:
  • Trademarks are seen in the form of drawings, letters, images, words, holograms or a combination of these elements, represented by one or more colors;
  • Trademarks must not be identical or similar to goods and services of other subjects.
• Note: A trademark is not protected if there are signs that are identical or confusingly similar to: images of national flags, national emblems of countries; with symbols, initials, flags, full names, badges of political organizations, state agencies, socio-political-professional organizations, social organizations, socio-political organizations, socio-professional organizations of Vietnam and international organizations, without the permission of such agencies or organizations; pseudonyms, real names, nicknames, images of leaders, national heroes and celebrities of Vietnam and abroad; certification marks, inspection marks and warranty marks of an international organization that such organization requires may not be used, unless this organization itself registers such marks as certification marks; misleading, confusing or deceiving consumers about the origin, features, uses, quality, value or other characteristics of goods or services.

Order and procedures for trademark registration (Illustration image).

3. Order and procedures for trademark registration:

• Step 1: Select a trademark for intellectual property registration

• According to the Intellectual Property Law, intellectual property objects will be registered in the form of industrial property registration or registration of copyright, related rights or registration of rights related to plant varieties.
• Therefore, based on the product of intellectual property registration, choose the appropriate form of protection registration. Trademarks will be registered as industrial property.

• Step 2: Determine the authority to recognize the protection title for the trademark registered for intellectual property

• Trademark intellectual property registration is considered industrial property registration, therefore, the agency conducting administrative procedures to receive dossiers and grant protection titles is the National Office of Intellectual Property of Vietnam for organizations. domestic and foreign individuals for industrial property objects.

• Step 3: Prepare a trademark intellectual property registration dossier.

• According to Article 105 of the Intellectual Property Law, a trademark registration application must satisfy the following conditions:

• A trademark registration application must contain a list of goods and services bearing the mark; trademark samples; regulations on use of certification marks, regulations on use of collective marks. Which requires:
• About the list of goods:
• On the basis of the Niz Agreement on the international classification of goods and services, arrange goods and services into appropriate groups according to the list of goods and services.
• nhằm mục đích đăng ký nhãn hiệu, công bố quyền sở hữu công nghiệp theo cơ quan quản lý nhà nước về quyền sở hữu công nghiệp.for the purpose of trademark registration, industrial property right publication according to the state management agency in charge of industrial property rights.
• About the brand model:
  • • To know about the overall meaning of the mark and clarify its constituent elements, describe the trademark template (if any);
    • Transliteration of words and phrases belonging to figurative language if the mark contains this word or phrase.
    • Translate words or phrases in a foreign language into Vietnamese if the trademark contains this word or phrase.

• Regarding the Regulation on the use of certification marks:
• The main content should include: Trademark owner (organization, individual); What are the conditions for using a trademark; What are the characteristics of goods and services certified by the mark; By which method the characteristics of goods and services are assessed and by which method the control over the use of the mark is assessed; Trademark users must pay the cost of certification, trademark protection, if any.
• Regarding the Regulation on the use of collective marks:

• The main content should include: Trademark owner (name, address, basis of establishment and operation of the collective organization); what are the criteria to become a member of a collective organization; list of organizations and individuals permitted to use the mark; What are the conditions for using a trademark; When violating the regulations on the use of trademarks, what are the handling measures?

• Step 4: Submit the application and monitor the application until receiving the final notice of the competent authority in the grant of the protection title...

4. Location of trademark intellectual property registration:

• Customers can refer to one of the following locations to register trademark intellectual property as follows:

• North: Department of Intellectual Property, address 384-386 Nguyen Trai Street, Thanh Xuan District, Hanoi City.
• Central region: Representative office of the National Office of Intellectual Property in Da Nang, address 3rd floor, 135 Minh Mang street, Khue My ward, Ngu Hanh Son district, Da Nang city.
• South: Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address 7th floor, Ha Phan building, number 17-19 Ton That Tung, Pham Ngu Lao ward, district 1, city. Ho Chi Minh.

➤ Read more:

➤ What is logo copyright registration? What documents are required for logo copyright registration?
➤What is a Trademark Registration Certificate? What is the term of the Trademark Registration Certificate?
➤ Should an enterprise choose to protect their logos as trademarks or copyrights.
➤ Trademark Search: How Do I Check if My Trademark Is Unique?

• Above is the content of a number of regulations guiding the order and procedures for trademark registration of Thinh Tri Law Firm to send to readers. If you have any questions, please contact Hotline 1800 6365 for advice.