Any individual or organization has the right to file a trademark application for the goods they produce or the services they provide. Depending on their needs, the applicant has the right to assign the trademark application to another individual or organization. The assignment of a trademark application must be made in writing. The assignee must ensure to meet the conditions for the person having the right to register.
1. Conditions for assigning a trademark application
Before the NOIP issues a decision to refuse to accept the application, to grant or to refuse to grant a mark registration, the applicant may request the NOIP to register the change of the applicant.
Assigning a trademark application can be based on transferring, inheritance, or a decision of a competent authority.
2. Procedure for assigning a trademark application
Step 1: The Parties agree in writing to record the transfer of the trademark application, the transfer value and other agreed contents (if any).
Step 2: If the applicant uses an intellectual property agent to carry out the procedures, the applicant must sign a power of attorney.
Step 3: Submit the dossier to the NOIP, pay fees and await the NOIP’s decision/response.
3. Procedures for handling trademark application
Competent authority: Department of Intellectual Property.
Step 1: Receipt of application
An applicant can apply for one of two methods:
Filing paper application: submit directly to the headquarters of the NOIP in Hanoi or the representative offices of the NOIP in Da Nang and Ho Chi Minh City.
Filing online through the National Office of Intellectual Property Online Public Service Portal. The applicant needs a digital certificate and digital signature to register an account on the Online Application Receiving System and has an account approved by the National Office of Intellectual Property to perform transactions.
Step 2: Processing the application
After the NOIP has received and examined the application, there will be two cases during this period:
Case 1: the application fully met the requirements as prescribed and the applicant has fully paid the fees and charges, then, the NOIP decides to record the assignment of the trademark application and publish the contents of the assignment of the trademark application in the Industrial Property Official Gazette.
Case 2: The application has errors, or the applicant does not pay the fees and charges fully,…. The NOIP will notify the errors and request the applicant to adjust and supplement accordingly. After the fixed time limit, if the applicant fails to correct the errors or does not have a written request for extending the time to respond, the NOIP has the right to refuse the settlement and not to refund the already paid fees and charges.
4. Documents to be prepared to assign the trademark application
– A declaration requesting recognition of the transfer of industrial property registration applications;
– Documents on the assignment of industrial property registration applications (specifying the names and addresses of the assignor and the assignee; the number of the transferred application or sufficient information to identify the application);
– Power of attorney (if the application is filed through an industrial property representation)
5. Fees for assigning a trademark application
Fee for assessment of application transfer request: 160,000 VND/01 application.
Publication fee: VND 120,000/01 application in case the trademark application has a decision of formality examination.
If a request for assignment of a trademark application is filed after notification of intention to grant mark registration, the trademark application must be re-examined and published in the assignment contents.
The applicant must pay the assessment of the application fee (550,000 VND/01 group of products and services) and the publication fee (120,000 VND / 1 application).
Note: fees and charges may change when filing the application.
6. Execution time
The time for processing a request for assigning a trademark application: is 02 months.
Note: this time may be extended due to the influence of the number of accumulations (if any) at the NOIP.