LS Nguyễn Mạnh Tuấn

Advising trademark of registration

The trademark is signs to distinguish goods,services of different foundations of production and businesses.The trademark can be word,image or combination of these elements that is expressed by one or a lot of colors.

The trademark includes:

- The trademark attached to goods,wrapping of products to distinguish the same kind of products of different foundations of production;

- Service trademark attached to means of service to distinguish the same kind of services of different business foundations and services.

We - Minh Gia Law Firm - have enough capability to advise legal regulations that are related to search, registration and owner’s protection of rights,diploma of protecting trademark  in accordance with the regulations of the law.

A. The method of advising:

- Advising directly and implementing the law principle of service at office;

- Advising through legal consultancy of switchboard 19006169 and mailbox

B. The content of advising:

1. Advising the process of registering trademark:

Searching before handing in a request (optional):

- To judge trademark’s  capability of registration, we advise customers to carry out search to know trademark that is intented to register is duplicate or similar to licensed trademarks or applications of trademark with an earlier priority- or not. On that basis,we will advise the most effective way to hand in a request.

- Besides to the problem of registration, search is very necessary to see the sign of  customer that intents to use for trademark can be regarded as violation trademark of other owners or not.

Applying registered application of the trademark:

- After searching and the result shows that trademark can be protected,we will carry out to compile and complete the file to register trademark for the customer at Intellectual Property Department (SHTT)

Advising about the prior day:

- The prior day-or is called the first application of day that means: in the case of many trademark applications are applied , Intellectual Property Department(SHTT) will prioritize diplomaed grant for any single trademark having the earliest prior day or is applied  the earliest of  applicants;

- Besides,the prior day has the important meaning in defining the term of protection for trademark registration of certificate later, in detail: the date of trademark protection that is 10 years (can be extended) is counted from the prior day.

2. Advising procedure of registering trademark :

About the time:

According to the provision, the procedure of registering trademark is carried out  follow these steps, in detail:

- The period of form test (01 month from the day of application). In this period, Intellectual Property Department will examine to judge about the subject applying, subgroup and procedures about other forms;

- Proclaiming application: In the term of 02 months from the day that decision accepts a valid application, the trademark will be published in Industrial Property Gazette.

- The period of  application - content test (07-09 months from the day of proclaiming application). In this period, Intellectual Property Department will judge the distinguishable capability of the trademark with products and services asking for registering and the similar capability triggers a mistake with industrial property rights has been established before (such as trademark application has been applied before, the trademark has been registered before…)

- In fact, the above time can be extended longer that is depended on each specific case.

About information and material to apply registered application of the trademark

Suggest customers to provide the following documents:

- 15 trademark samples (attached to application) the trademark’s size is not smaller than 15x 15mm and no larger than 80 x 80mm;

- A copy of the business registration certificate;

- The list enumerates goods/services that are registered for the trademark.

Contact to Minh Gia Law Company to request law advice.

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