Form of application for registration of brand name in 2022 Is there any blank?
What is the condition for trademark in Vietnam registration?
Under Article 72 of the 2005 Intellectual Property Law, the following provisions shall be complied with:
"Article 72. General conditions on protected trademarks
A protected mark must satisfy the following conditions:
1. A sign of view is found in the form of letters, words, figures, images, including three-dimensional images or a combination of those elements, presented in one or many colors;
2. Being capable of distinguishing goods and services of mark owners from those of other subjects."
Form of application for registration of brand name in 2022 Is there any blank?
What are the requirements of the application for trademark in Vietnam registration?
Under Article 105 of the 2005 Law on Intellectual Property, specify:
"Article 105. Requirements for mark registration applications
1. Documents, specimen, information determining a mark sought to be protected in a mark registration application include:
a) Mark specimen and list of goods and services bearing the mark;
b) The regulations on the use of collective or certification trademarks.
2. A mark specimen must be described to clarify elements constituting the mark and the overall significance of the mark, if any.
3. Goods and services stated in mark registration applications must be categorized into groups in accordance with the classification table under the New Agreement on International Classification of Goods and Services for the purpose of mark registration, publicized by the state management agency in charge of industrial property.
4. A regulation on use of a collective mark must have the following principal contents:
a/ Name, address and grounds for establishment and operation of the organization being the mark proprietor;
b) Standards for becoming members of collective organizations;
c) The list of organizations and individuals permitted to use the trademark;
d) Conditions for using the trademark;
e/ Measures to handle violations of the mark use regulation.
5. A regulation on use of a certification mark must have the following principal contents:
a/ Organizations or individuals being owners of marks;
b) Conditions for use of the mark;
c) Characteristics of goods or services certified by the trademark;
d) Methods for assessing the characteristics of goods and services and methods for controlling the use of trademark;
e/ Expenses paid by the mark user for the certification and protection of the mark, if any."
Accordingly, a mark protection registration application must satisfy the above conditions.
Is there any blank?
Under Article 73 of the 2005 Intellectual Property Law, the following provisions shall be complied with:
"Article 73. Marks not protected as marks
The following signs shall not be protected as marks:
1. Signs are identical or confusingly similar to national flag and emblem of other countries;
2. A sign that is identical or confusingly similar to a symbol, flag, command, abbreviated name or full name of a state agency, a political organization, a socio-political organization, a socio-political-professional organization, a social organization or a socio-professional organization of Vietnam or an international organization, unless it is permitted by such agency or organization;
3. Signs are identical or confusingly similar to real names, alias, pseudonyms or images of leaders, national heroes or personalities of Vietnam or foreign countries;
4. Signs identical or confusingly similar to certification or examination marks or warranty marks of international organizations which are requested by these organizations to be not used, unless these organizations register for use as certification marks;
5. Signs that mislead, cause confusion or deceive consumers about the origin, utilities, quality, value or other characteristics of goods or services."
Accordingly, when a mark contains any of the above signs, it shall not be protected.
What is the form of declaration for registration of trademark in Vietnam?
The declaration of trademark in Vietnam registration is made according to form No. 04/NH Appendix A issued together with Circular 16/2016/TT-BKHCN as follows:
Download the Trademark in Vietnam Registration Form here.
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