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Trademark Application Assignment in Vietnam is an essential process that allows the ownership of a trademark application to be transferred from one party to another. This procedure is governed by the Vietnam Intellectual Property Law and requires proper documentation and formal approval from the Vietnam Intellectual Property Office (IP Vietnam). Whether for business expansion, mergers, or strategic partnerships, transferring a trademark application ensures that the rights associated with the application are legally recognized by the new owner. Understanding the requirements and steps involved in this process is crucial for businesses seeking to safeguard their intellectual property rights in the Vietnamese market.
What is the Trademark Application Assignment in Vietnam?
The trademark Application Transfer in Vietnam refers to the process by which the ownership of a trademark application is transferred from the original applicant to another individual or organization. This means that the transferee will assume all rights and responsibilities associated with the trademark application, including the possibility of receiving the Trademark Registration Certificate if the application is accepted.
The transfer process typically involves the signing of a transfer agreement between the two parties and the completion of the necessary registration procedures at the Vietnam Intellectual Property Office (IP Vietnam). Once the transfer is finalized, the transferee becomes the legal owner of the trademark application and assumes all associated rights, including the ability to further pursue trademark registration and enforce those rights in the market. This procedure is crucial for businesses that wish to sell, assign, or transfer their trademark rights to other parties for reasons such as mergers, acquisitions, or strategic rebranding.
Documents for Trademark Application Assignment in Vietnam
The documents required for the transfer of trademark application in Vietnam include the following:
Application Form for Trademark Application Assignment in Vietnam
This form must be completed according to Form No. 05 in Annex II of Decree No. 65/2023/ND-CP of the Government, which provides detailed regulations on the implementation of the Intellectual Property Law regarding industrial ownership, the protection of industrial rights, plant variety rights, and state management of intellectual property. This form is the primary document for confirming the transfer of the trademark application between the parties.
Agreement of Trademark Application Assignment in Vietnam
The transferor and transferee of the trademark application must draft a transfer agreement. This agreement should include basic information about both parties (names, addresses), details of the trademark application (application number, filing date, trademark, goods/services classes, etc.), the rights and obligations of both parties, the transfer price, and other relevant terms.The transfer file must include the original or a notarized copy of the trademark application transfer agreement.
Proof of Payment of Fees and Charges for Trademark Application Assignment
This document serves as proof that the required fees and charges have been paid in full as per state regulations. The proof may be a copy of the payment receipt for fees submitted through postal services or a copy of the payment receipt directly made to the account of the Vietnam Intellectual Property Office (IP Vietnam).
Preparing and submitting these documents properly will ensure that the trademark application transfer process is carried out legally and smoothly.
Procedure of Trademark Application Assignment in Vietnam
The procedure for transferring a trademark application includes the following basic steps:
Submit the Trademark Application Assignment Documents
Either the transferor or the transferee can submit the trademark application assignment documents. Which party submits the documents to the Vietnam Intellectual Property Office (IP Vietnam) depends on the agreement between both parties.
The transfer documents must be submitted to the Vietnam Intellectual Property Office or through its representative offices in Ho Chi Minh City and Da Nang.
Examination of Documents
After receiving the transfer documents, the Vietnam Intellectual Property Office will examine and evaluate the documents. This process includes checking the authenticity of the transfer, verifying that all documents are in order, and ensuring that all fees have been paid.
If the documents are not valid, the Vietnam Intellectual Property Office will issue a notice of refusal and set a deadline for the applicant to respond or file a complaint. If the documents are valid, the office will record the trademark application transfer in the National Industrial Property Register. The transferee will replace the transferor as the applicant for the trademark.
Publication of the Trademark Application Assignment
Once the trademark application transfer is approved, the Vietnam Intellectual Property Office will publish the transfer in the Industrial Property Gazette.
The Vietnam Intellectual Property Office will prepare the details of the assignment for inclusion in the Industrial Property Gazette. This includes the name of the transferee, the details of the transferred trademark application (such as the application number, filing date, trademark name, goods/services associated with the trademark, etc.), and any relevant legal details concerning the transfer.
Once the details are finalized, the Vietnam Intellectual Property Office will publish the transfer in the next scheduled edition of the Industrial Property Gazette, which is a public journal of official information regarding intellectual property rights in Vietnam. This publication is an essential step as it formally acknowledges the change in ownership of the trademark application.
The publication also ensures transparency in the trademark registration process. Interested parties, such as other trademark applicants or third parties, can review the transfer details and assess the impact of the transfer on existing or future trademark rights. The Industrial Property Gazette is publicly accessible, allowing for anyone to verify the status and ownership of trademark applications in Vietnam.
How much does a trademark application assignment in Vietnam cost?
DCNH Law is proud to offer professional legal services for trademark application transfer in Vietnam at a reasonable cost. With a team of experienced lawyers deeply knowledgeable about intellectual property law, we are committed to providing peace of mind and maximum efficiency for our clients during the trademark ownership transfer process.
DCNH Law’s trademark application transfer service includes comprehensive legal advice from preparing documents, drafting the transfer contract, to submitting the application and monitoring the examination process at the Vietnam Intellectual Property Office. We ensure that all legal procedures are completed quickly and accurately, saving clients both time and money.
With a flat fee of 3 million VND per trademark, clients will receive a complete package of services including: legal advice, document preparation and completion, submission of the application to the Vietnam Intellectual Property Office, and updates on the application’s processing progress. This is a competitive and reasonable fee, catering to both large and small businesses.
At DCNH Law, we always prioritize our clients’ interests, committed to protecting their legal rights and optimizing the value of their intellectual property assets. Let us accompany you through the trademark application transfer process, ensuring a smooth and legally compliant transfer.
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]
