Legal Counselling

Vietnam: When is an industrial property registration application considered having errors?

10:40, 05/06/2016

This is a notable content of Circular No. 16/2016/TT-BKHCN of the Ministry of Science and Technology of Vietnam on amendments to some articles of Circular No. 01/2007/TT-BKHCN providing guidelines for the Government’s Decree no. 103/2006/ND-CP elaborating and providing guidelines for some articles of the Law on Intellectual Property regarding industrial property amended in Circular No. 13/2010/TT-BKHCN, Circular No. 18/2011/TT-BKHCN and Circular No. 05/2013/TT-BKHCN.

According to Circular No. 16/2016/TT-BKHCN of the Ministry of Science and Technology of Vietnam, an industrial property registration application is considered having errors in the following cases:

- The application fails to satisfy the requirements (the application contains an insufficient number of copies of any of mandatory documents; the application fails to satisfy the uniformity requirement; the application fails to satisfy the requirements for the presentation format; the application for trademark registration fails to clearly state the trademark to be registered, lacks the trademark description; goods and services bearing the trademark are not classified, etc.);

- The filing charges, fees for publication and substantive examination of applications and fees for information search serving examination have yet to be fully paid, except for the fees for substantive examination of the application for invention registration in case substantive examination is not required;

- There is no power of attorney or the power of attorney is invalid (if the application is filed through a representative).

View relevant provisions at Circular No. 16/2016/TT-BKHCN of the Ministry of Science and Technology of Vietnam, effective from January 15, 2018.

- Thanh Lam -

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