Form of new declaration about grant of duplicate/re-grant of protection certificate of current industrial property object?
- What are eligible for regranting the protection certificate of trademark in Vietnam?
- Is the time limit for regranting the protection title of a trademark in Vietnam?
- What is the time required for the re-grant of a mark protection title?
- What is the form of application for regranting the protection title?
What are eligible for regranting the protection certificate of trademark in Vietnam?
According to point 18.3, subsection 18, Chapter I of Circular 01/2007/TT-BKHCN (amended by point b, clause 17, Article 1 of Circular 16/2016/TT-BKHCN) stipulating the case of re-issuance of protection titles as follows: after:.
"18. Refusal to grant, grant, grant copies of protection titles and re-grant protection titles;
18.3 Issuance of copies of protection titles and re-issuance of protection titles/duplicates of protection titles;
...
In case the protection certificate/duplicate of protection certificate is lost or damaged, torn, stained or faded so that it cannot be used, is separated and cannot keep the seal, the industrial property rights holder who has been granted a protection certificate/duplicate of protection certificate may request the NOIP to regrant the protection certificate/duplicate of protection certificate but shall pay regrant fees."
Accordingly, when a protection title is stirred, damaged, torn, stained or faded so that it cannot be used, has its ball which cannot be disassembled and cannot be sealed up, the protection title holder may request the re-grant of the protection title and pay a service charge.
Is the time limit for regranting the protection title of a trademark in Vietnam?
According to point 18.3, subsection 18, Chapter I of Circular 01/2007/TT-BKHCN (amended by Point b Clause 17 Article 1 of the Circular No. 16/2016/TT-BKHCN) as follows:
"118. Refusal to grant, grant, grant copies of protection titles and re-grant protection titles;
18.3 Issuance of copies of protection titles and re-issuance of protection titles/duplicates of protection titles;
d) Handling a request for grant of duplicates of protection certificates or regrant of protection certificates/duplicate of protection certificates
(i) Within one month after receiving an application, the NOIP shall consider the request for grant of a duplicate of protection title or re-grant of a protection title/duplicate of protection title. If that request satisfies the abovementioned requirements, the NOIP shall issue a decision on the duplicates of protection certificates or regrant of a protection certificate/duplicate of protection certificate and record it in the section of registration of the corresponding protection certificate in the National Register of Industrial Property;
(ii) A protection title duplicate must contain all information of the protection title and the indication "Duplicate" must be enclosed. A re-granted protection title/protection title duplicate must contain all information of the initially granted protection title/protection title duplicate and the indication "re-granted protection title";
(iii) If the request for grant of duplicates of protection certificates or regrant of a protection certificate/duplicate of protection certificate fails to satisfy the requirements specified n Point 18.3.c mentioned above, the NOIP shall issue a notice and fix a time limit of 02 months from the issuance date of the notice in order for the requester to correct errors or express his/her dissenting opinion. After the abovementioned time limit, if the applicant fails to correct errors or unsatisfactorily corrects errors, expresses no dissenting opinion or an unreasonable dissenting opinion, the NOIP shall issue a decision on rejection of the application for grant of duplicates of protection certificates/duplicate of protection certificates, specifying reasons thereof."
Accordingly, within one month after receiving a written request for regrant of a mark protection title, the NOIP shall consider the regrant of the protection title.
What is the time required for the re-grant of a mark protection title?
According to point 18.3, subsection 18, Chapter I of Circular 01/2007/TT-BKHCN (amended by point b, clause 17, Article 1 of Circular 16/2016/TT-BKHCN) stipulating the application for re-issuance of protection title as follows: after:
"18. Refusal to grant, grant or re-grant protection title duplicates;
18.3 Grant of protection title duplicates and regrant of protection titles/protection title duplicates;
c) Request for grant of duplicates of protection certificates or regrant of protection certificates/duplicates of protection certificates
The request for grant of duplicates of protection certificates or regrant of protection certificates/duplicates of protection certificates must be made in writing unless it is already specified in the industrial property object registration form. A request includes 01 set of following documents:
(i) A declaration requesting grant of duplicates of protection certificates or regrant of a protection certificate/duplicate of protection certificate, made according to a set form (not printed herein);
(ii) 02 specimens of trademark, 02 sets of photos or 02 sets of industrial design drawings identical to the specimens of trademark, set of photos or industrial design drawings in the original protection title;
(iii) A power of attorney (in case the request is filed through a representative);
(iv) A copy of the receipt (in case fees and charges are paid by post or directly to the NOIP's account)."
Accordingly, when requesting the re-grant of a mark protection title, the protection title holder shall prepare a set of dossier comprising the above components.
What is the form of application for regranting the protection title?
The form of declaration for re-issuance of a protection title is made according to Form No. 03-PBCB/GCN Appendix C issued together with Circular 16/2016/TT-BKHCN as follows:
Download the form of declaration of grant of duplicates/re-grant of industrial property object protection titles/certificate of registration of contracts for licensing of industrial property objects: Click here.
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