Tuesday, January 16, 2018

Vietnam filling the trademark

The following post can help you get to know about the issue of Vietnam filling the trademark.

If you want to get some certificates for the multi-class applications in Vietnam, you can do it. For example, it is acceptable for those who would like to file over one class of products/ services, but they are required to pay an amount of fee for the classes that are additional.

The efficiency for the class headings of products/ services is no more acceptable, but there are still some class headings that are in the International Nice Classification is considered to be usable. In order to get away from the Official Action, it’s required that all the details about the products or services need to designated. There is the equivalent level between each item of the products or services.

 

If you are wondering about how Vietnam filling the trademark, here are some glues as well as some good suggestion for you.

Required information

You have to summit these following things with precise information

  • The applicant’s full name, address and his/ her nationality
  • Some descriptions about the trademark, for example, the colors and brand name of the products/ services. It’s necessary to have the translation/ transliteration if there are any foreign characters in the mark.
  • The list of products or services that are included in the trademark. Some classes of specific goods or services are also need to be declared clearly and they have to base on the International Classification to do it.
  • If you have some priority during the procedure, it’s important to declare some other factors such as the statement of the country, the application number or the filling date.

Required documents

  • There are also some of the documents that you need to summit to make the application can be able to use.
  • The applicant’s Power of Attorney
  • About 15 specimens whose size are not smaller than 15 x 15mm and not bigger than 18 x 18mm.
  • If the applicant has the convention priority, they need to bring out the certificate copy as well as the English translation if it’s in other languages.

Some general information that needs to be known

There is advice that the applicants should follow, and the advice relies on the legal regulations on trademark that are used in Vietnam.

  • One or more than one class can be covered by a trademark application, and the one who files the applications firstly will be the person to get the priority right. The principle of “first-to-file” is used in Vietnam, so it will be better if the applicant can file the trademark registration as soon as they can, because they can get a lot of benefits for this.
  • The time limit can be count about 12 months since the granting date. Those 12 months include 1 month of making the formality examination, 2 months of the preparation of data for the publication, and the rest 9 months will be for the substantive examination as well as the publication.
  • Trademark Registration Certificate can protect the title of the trademark. And this will be effective since the day of granting.
  • 10 years is the time foe the validity term. It’s counted from the regular filling date, after the 10-year period, it can be renewed.
  • The third party can suspend the Trademark Registration Certificate when it’s used in continuous 5 years with no proper reasons.
  • It needs to have a payment for filling trademark, and the products and services will decide that fee, the generic terms in the registration are not accepted. That’s why the applicants can require to declare the generics terms of products and services.

IP Protection in Vietnam

The Intellectual Property (IP) belongs to the fastest developing law in Vietnam in the recent decades although it has launched since 1980s. Until now, the IP is still developing and changing to make it more suitable for the development of the economy and society. Being introduced in 1981, the protection of of industrial property as well as the Ordinance on Innovation and Invention concentrate on the rights, not on the inventors or creators. The period of 1981 – 1989, many regulations on trademarks, industrial designs, copyright, licensing of industrial property, etc, the industrial property protection was effected in Vietnam.

On 28 January, 1989, the State Council passed the Ordinance on IP Protection in Vietnam. That was also the time to make the important turning point to the industrial property laws. In which, the protection of utility solutions, trademark, invention and designs are built base on the Ordinance of the country. According to the 1989 Ordinance, the Decree 84 HDBT was issued by the Government in the early 1990. The 1994 Ordinance about the Copyrights gave higher efficiency about the copyright protection.

 

IP Protection in Vietnam

 

The development of IP regime in Vietnam had got the turning point in Vietnam while it introduced the Civil Code. The national Assembly adopted on 28 October, 1995 and it was effective on 1 July, 1996. The IP regime in Vietnam codified the existing regulations on the civil matter, as well as created the firm foundation for ownership and civil rights. All the former legal registrations on IP were replaced by the Civil Code 1995. The two legislations which were the 1989 Ordinance on IP Protection and the 1994 Ordinance on Copyrights were included. There were some important changes which were mentioned in the Civil Code 1995. This aimed to implement some regulations to make the achievement in the TRIPs Agreement as well as the international conventions.

The Civil Code took place of the Civil Code 1995 and it was done by the National Assembly on 14 June, 2005. Instead of mentioning about 26 industrial property rights like it was mentioned in the Civil Code 1995, there were only 4 main provisions on industrial property protection and plant varieties. The coverage included many matters which were the trade secrets, geographical indications, industrial property protection, etc. With the goals of reduce 35 to 14 relevant provisions, the term “related rights” was substituted for the very long term “rights and obligations of performers, producers of phonograms and video grams and broadcasting organizations”. Those rights which were broadcasting programs, individuals over performances, entities and encrypted program-carrying satellite signals were included.

 

IP Protection in Vietnam

 

The reality showed that not all regulations were fit together and fit to TRIPS-WTO before the new IP Law 50/2005 was launched. As a part of the documents to be a part of WTO, Vietnam had changed some rules to make it possible understand in the short and sharp documents. On 1 July, 2006, the IP Law 50/2005 was effective. Being recognized by the IP owners and all Vietnamese institutes was an important change which adequate protection and fully compliance with the TRIPs obligations. After that, the regulations would be founded for the guidelines and provisions for the IP Law 50/2015 implementation.

For the past years of implementing the regulations practically, the IP Law 50/2005 showed its own mistakes in which some regulations weren’t suitable and practical. Relying on those mistakes, the change and supplementations were done in 19 June, 2005. In the first day of 2010, the amended IP Law turned into reality. This change included some very important things that related to the copyrights, the industrial property and the plant variety rights. With the amended IP Law, some Decrees and Circulars for the amended IP Law had been changed to make them more suitable and possible to apply to the reality.

The Patent Protection in Vietnam and some general requirements

If the Patent in Vietnam meets those following conditions, it can be accepted for protection.

-         If there is any Patent in Vietnam isn’t brought to light publicly, it cannot be considered as novel. It can be published via some descriptions in words or oral or any other forms. This must be done before the priority date or the filling date.

The Patent Protection in Vietnam

-         If the Patent in Vietnam is popular for the particular group of people who have to keep secret about it, that Patent cannot be considered as a widely publication.

-         In some specific circumstances, Patent in Vietnam won’t be considered as short of novelty. Those Patent in Vietnam registration application shall be filed during the first 6 months from the publication date.

  • Provided in the Article 86 of Intellectual Property Law, another person publishes it without the permission from the one who has the registration right.
  • Also, provided in the Article 86 of Intellectual Property Law, the person who have the official right to registration publishes the patent in the form of a scientific presentation.
  • The person who has the right of registration gives it to the national exhibition of Vietnam to be exhibited.

The General Requirements for Patent Protection in Vietnam involve an inventive step

Why does the Patent Protection in Vietnam is considered that involve an inventive step? It’s because of some technical solutions which are published widely in the description of words or oral or any different other forms in both inside and outside of the country, before the day that all documents are filed. This will be very hard for those who don’t have much skills in the art so it’s considered as an inventive progress.

The Patent Protection in Vietnam-2

 

The General Requirements for Patent Protection in Vietnam is susceptible of industrial application

To be able to considered as susceptible of industrial application, the Patent in Vietnam should be able to carry out the huge volume of goods.

In case of the common knowledge, it’s possible for Patent in Vietnam to have the protection by granting the Utility solutions if it meets the conditions of the ability to be novel and to be susceptible in application of industry.

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