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What is the Madrid application and let us discover the process of resolving Madrid applications designated for Vietnam in 2023?
What is the Madrid application?
The Madrid Application is an international trademark registration application under the Madrid System (comprising the Madrid Agreement and the Madrid Protocol). The Madrid Application includes the Madrid Application originating from Vietnam and the Madrid Application designated for Vietnam.
The deadline for processing Madrid applications designated for Vietnam
Upon receiving notice from the International Bureau regarding the Madrid application designated for Vietnam, Intellectual Property Office of Vietnam conducts an examination of the application’s content, as with national trademark registration applications.
Within 12 months from the date of the International Bureau’s notification, Intellectual Property Office of Vietnam determines the trademark’s protectability.
From the date the Madrid Application is published in the Official Gazette until the date a decision to accept protection is issued, or within 12 months from the date of notification of the Madrid Application designated for Vietnam, whichever comes earlier, if a third party has objections to the Madrid Application designated for Vietnam, these objections are considered as reference information during the application processing.
Registration Fees for Foreign Trademarks in Vietnam
The notification of accepting the protection of internationally registered trademarks in Vietnam
For trademarks that meet the protection conditions under Vietnamese law, Intellectual Property Office of Vietnam performs the following procedures:
– Before the 12-month deadline, Intellectual Property Office of Vietnam issues a decision to accept the protection of the internationally registered trademark in Vietnam, records it in the National Register of Industrial Property (International Trademark Section), and sends a declaration of protection to the International Bureau.
– Publish the decision in the Industrial Property Gazette within 2 months from the date of the decision.
The scope of protection is determined based on the content of the international trademark registration, as acknowledged by the International Bureau and accepted by Intellectual Property Office of Vietnam.
From the date of acceptance of the international trademark registration for protection in Vietnam, at the request of the trademark owner, Intellectual Property Office of Vietnam issues a certificate for the internationally registered trademark protected in Vietnam, provided that the applicant pays the fees and charges as regulated.
The notification of refusal to protect internationally registered trademarks in Vietnam
For trademarks that partially or entirely do not meet the protection conditions, or trademarks that meet the conditions but have deficiencies (such as a lack of collective trademark regulations, certification trademarks regulations, missing photos or representations of three-dimensional trademarks, etc.), before the 12-month deadline, Intellectual Property Office of Vietnam issues a temporary refusal notice, specifying the reasons for the intended refusal and sends this notice to the International Bureau.
Within 3 months from the date of temporary refusal notice for part or all of the goods and services, the applicant has the right to rectify the deficiencies or file objections to the intended refusal. The rectification of deficiencies or objections is carried out following the procedures for national trademark registration applications, including submission methods.
Rectifying deficiencies of international trademark registration in Vietnam
In cases where Intellectual Property Office of Vietnam intends to refuse part or all of the list of goods and services (as mentioned in the temporary refusal notice), if within the 3-month period, the applicant rectifies the deficiencies as required and/or raises valid objections to the intended refusal of part or all of the goods and services, Intellectual Property Office of Vietnam takes the following actions:
– Issues a decision to accept the protection of the internationally registered trademark in Vietnam with the corresponding scope (volume) of protection for the goods and services meeting the protection conditions, records it in the National Register of Industrial Property (International Trademark Section), and sends a declaration of protection after the temporary refusal notice.
– Publish the decision in the Industrial Property Gazette within 2 months from the date of the decision.
In cases where Intellectual Property Office of Vietnam intends to refuse part of the list of goods and services (as mentioned in the temporary refusal notice), if the 3-month period expires, and the applicant does not rectify the deficiencies or the rectification does not meet the requirements, or there are no objections or the objections are not valid regarding the intended refusal of part of the goods and services, Intellectual Property Office of Vietnam issues a decision to accept the protection of the internationally registered trademark in Vietnam, but only for the goods and services meeting the protection conditions (goods and services not mentioned in the temporary refusal notice).
In cases where Intellectual Property Office of Vietnam intends to refuse the entire list of goods and services (as mentioned in the temporary refusal notice), if the 3-month period expires, and the applicant does not rectify the deficiencies or the rectification does not meet the requirements, or there are no objections or the objections are not valid regarding the intended refusal of the entire list of goods and services, Intellectual Property Office of Vietnam issues a decision to reject the acceptance of protection for the internationally registered trademark in Vietnam and sends a notification to the International Bureau affirming the complete refusal.
The procedures for complaints and complaint resolution
Procedures for filing complaints and resolving complaints against decisions of Intellectual Property Office of Vietnam are carried out as for trademark registration applications submitted under the national procedure, provided that if there are grounds to believe that these decisions are not in compliance with legal provisions regarding content and issuance procedures.
The results of resolving complaints are notified to the applicant by Intellectual Property Office of Vietnam.
In cases where, after the resolution of complaints, part or the entire list of goods and services that were refused are granted protection or there is a change in the exclusion factor (not receiving separate protection), Intellectual Property Office of Vietnam sends the next decision that affects the trademark protection according to the International Bureau’s model on corresponding content.
Trademark Registration Service through the Madrid System
We are a professional organization operating in the field of Intellectual Property in Vietnam. With a team of lawyers holding specialized training certificates in the field of intellectual property, we proudly provide services in consulting and registering trademarks through the Madrid System for domestic and foreign organizations and individuals at reasonable costs.
Contact us now for advice and assistance in quickly and professionally completing the procedures for trademark registration.
Contact Us Now:
DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
