What are the last form of the declaration of complaint against the decision to refuse the issuance of the patent for the current industrial property object?
Is the grant of the title of protection of trademark in Vietnam rejected?
According to Article 14 of the Decree No. 103/2006/ND-CP, providing for complaints and settlement of complaints about registration of industrial property rights as follows:
- The applicant and all organizations and individuals that have rights and interests directly related to the decision or notice concerning the processing of the application for industrial property registration issued by the state management agency in charge of industrial property may lodge a complaint with the state management agency in charge of industrial property or initiate a lawsuit at court in accordance with the Law on Intellectual Property and relevant laws. The time limit for complaint settlement is specified in Clause 5 of this Article.
If the complaint is not settled after the expiration of the time limit for settlement of the complaint, or if disagreeing with the complaint settlement decision of this agency, the complainant and persons with related rights and interests may lodge a complaint with the Minister of Science and Technology (second-time complaint) or initiate a lawsuit at a court. Upon the expiration of the time limit for settling the second-time complaints mentioned in Clause 5 of this Article or if disagreeing with the complaint settlement decisions of the Minister of Science and Technology, the complainants and persons with rights and interests directly related to such decisions may initiate lawsuits at a court.
- Complaint contents shall be made in a written complaint, clearly stating the full name and address of the complainant; number, date of signing and contents of the notice or the complained decision; contents of the complaint, arguments and proofs to prove the complaint; specific request for modification or cancellation of relevant notices or decisions.
- The right to complain shall be exercised within the following statute of limitations, excluding the time when there is objective obstacle that make the complainant unable to exercise his/her right to complain:
+ The statute of limitations for lodging first-time complaints is ninety days as from the date the persons with the complaining right receive or are notified of the decisions on or the handling of industrial property registration applications;
+ The statute of limitations for lodging second-time complaints is thirty days as from the date of expiry of the time limit for settling first-time complaints prescribed in Clause 5 of this Article but such complaints remain unsettled or counting from the date the persons with the complaining right receive or become aware of the decisions to settle the first-time complaints.
- Within a time-limit of ten (10) days from the date of receipt of a complaint relating to the issuance, amendment, termination or extension of the effectiveness of a protected title, the person authorized to resolve complaints shall issue a notice on acceptance of the request for acceptance or refusal to accept the request, specifying the reason for refusal.
The time limit for settlement of a complaint shall comply with the law on complaints.
The time limit for amending or supplementing a complaint dossier is not included in the time limit for complaint settlement.
- The order and procedures for settlement of complaints shall comply with law provisions on complaints.
Accordingly, the applicant whose application is rejected may lodge a complaint about the decision to rejected the application.
The statute of limitations for lodging a complaint is 90 days after the person with the complaining right receives or knows the decision on refusal to grant a protection title.
Within 10 days as from the date of receiving the complaints, the agencies competent to settle complaints must check the notices on acceptance of or refusal to accept the complaints.
What are the last form of the declaration of complaint against the decision to refuse the issuance of the patent for the current industrial property object?
What are the reasons for lodging complaints?
01/2007/TT-BKHCN (amended by Clause 21 Article 1 of the Circular No. 16/2016/TT-BKHCN) shall submit the following documents:
- A complaint may be filed against one or several decisions or notices if such decisions or notices contain the same contents and reasons for filing a complaint, provided that the complainant pays service charges for settling the industrial property complaint (if any), including application examination charge and information search charge as prescribed for each complained decision or notice;
- A complaint must contain the following documents:
+ The complaint form, made using the Form 05-KN provided in the Appendix C of this Circular;
+ Written explanation for the complaining reason (as prescribed in Point 22.2.c below) and proofs of the complaining reason (as prescribed in Point 22.2.d below);
+ A copy of the decision or notice against which complaints are filed by the NOIP and a copy of the application for registration of industrial property that is regulated in such decision or notice (if the applicant files a second-time complaint); or documents indicating information about the abovementioned documents;
+ A copy of the first-time complaint settlement decision (for a second-time complaint);
+ The power of attorney (if the application is filed through a representative); for the second-time complaint, a copy of the power of attorney prescribed in Point 4.5 of this Circular must be certified by the NOIP;
+ A copy of the receipt (in case fees and charges are paid by post or directly to the NOIP's account).
Form of complaint against the decision on the refusal to grant the title of protection of trademark in Vietnam is currently prescribed?
05-KN in the Appendix C enclosed with the Circular No. 16/2016/TT-BKHCN:
Download the Complaint Form: Click here
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