What does each technical and economic norm in service of processing a request for confirmation of an internationally registered trademark protected in Vietnam include?

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Question date: 15/09/2023

What does each technical and economic norm in service of processing a request for confirmation of an internationally registered trademark protected in Vietnam include? What is implementation of work component in technical and economic norms in Vietnam? What are regulations on table of economic and technical norms in service of handling requests for confirmation of internationally registered trademarks being protected in Vietnam?

Please advise. Thankyou.

    • What does each technical and economic norm in service of processing a request for confirmation of an internationally registered trademark protected in Vietnam include?

      According to Section I, Part I Economic - technical norms of services for handling requests for confirmation of internationally registered trademarks protected in Vietnam issued by the Minister of Science and Technology together with Circular 17/2022 /TT-BKHCN (Effective from February 1, 2023) has the following regulations:

      Each norm in the service of processing requests for confirmation of internationally registered trademarks protected in Vietnam includes: Work components, norm table. In there:

      - Work components are the main work contents performed for the service of processing requests for confirmation of internationally registered trademarks protected in Vietnam;

      - The table of norms includes components and waste levels of direct labor, indirect labor (management, service), machinery, equipment, and materials to complete the corresponding tasks of the processing service. Handling requests to confirm internationally registered trademarks are protected in Vietnam.

      What is implementation of work component in technical and economic norms in Vietnam?

      According to Section I, Part II, Economic - technical norms of services for handling requests for confirmation of internationally registered trademarks protected in Vietnam issued by the Minister of Science and Technology together with Circular 17/2022 /TT-BKHCN stipulates the work components to be performed as follows:

      Step 1. Receive request.

      - Receive, stamp and issue confirmation codes for dossiers requesting confirmation of internationally registered trademarks protected in Vietnam;

      - Receive and stamp additional documents.

      Step 2. Hand over required documents and additional documents to the processing department.

      Step 3. Check and evaluate the documents in the request dossier and additional documents and consider determining the protection status in Vietnam.

      3.1. Check and evaluate documents requesting confirmation:

      - Check and evaluate the validity of the dispatch requesting confirmation;

      - Check the attached documents mentioned in the dispatch.

      3.2. Check and evaluate power of attorney:

      3.2.1. The power of attorney is the original: Check and evaluate the information and legality and validity of the power of attorney;

      3.2.2. The power of attorney is referred to the previously submitted application file:

      - Find and compare with the original power of attorney:

      + From paper records.

      + From electronic records.

      - Check and evaluate the information and legality and validity of the power of attorney.

      3.3. Look up international registrations on the database of internationally registered trademarks according to the Madrid System of the World Intellectual Property Organization and print the international registration extract.

      3.4. Consider determining protection status in Vietnam at the time of confirmation:

      - Evaluate the protection or refusal status recorded in the internationally registered trademark database according to the Madrid System of the World Intellectual Property Organization;

      - Check and compare the protection status or refusal recorded in the internationally registered trademark database according to the Madrid System of the certification issuing unit;

      - Check the consistency of the information of the owner of the international trademark registration with the information in the authorization letter.

      - Evaluate the validity of international registration at the time of confirmation:

      + Determine the international registration date, the date of later designation in Vietnam (in case of later designation), the date of protection in Vietnam, and the validity period;

      + Determine the list of protected goods and services in Vietnam;

      + Identify excluded components.

      Step 4. Draft request processing results

      4.1. Drafting certification for valid claims and related international registrations protected in Vietnam.

      4.2. Draft official dispatch on request processing results:

      - Draft official dispatch notifying documents that do not meet the requirements;

      - Draft official dispatch announcing refusal to issue certification due to dossier not meeting requirements.

      Step 5. Browse leaders at all levels.

      Step 6. Get the number and stamp the request processing result.

      Step 7. Hand over the request processing results to the receiving department.

      Step 8. Return request processing results to the request submitter:

      - Pay directly;

      - Pay via Post Office.

      What are regulations on table of economic and technical norms in service of handling requests for confirmation of internationally registered trademarks being protected in Vietnam?

      In Section II, Part II Economic - technical norms of services for handling requests for confirmation of internationally registered trademarks protected in Vietnam issued by the Minister of Science and Technology together with Circular 17/2022 /TT-BKHCN regulates the table of economic and technical norms as follows:

      Unit: 01 result

      no

      Waste components

      Unit

      Norm value

      1

      2

      3

      4

      1

      Labor

      1.1

      Direct labor

      Specialist level 2/9 or equivalent

      Labour

      0.1539

      Specialist level 3/9 or equivalent

      Labour

      0.0484

      1.2

      Indirect labor

      Equal to 10% of direct labor norms

      2

      Devices

      Desktop office computer

      Shift

      0.0851

      Printer

      Shift

      0.0035

      Photocopiers

      Shift

      0.0017

      Desktop phones

      Shift

      0.0021

      3

      Supplies

      A4 paper

      Gram

      0.036

      A4 envelope

      Female

      1.1

      Printing ink

      Box

      0.006

      Photocopy ink

      Box

      0.0009

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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