Sunday, February 25, 2018

f. Opposition

If you believe that your right and interest would be damaged by the registration of any trademark, and you have grounds for preventing the registration of such mark, you are entitled to file an opposition to the grant of Protection Title for such mark.

At Kenfox, with many trademark attorney having years of practical experience in opposing as well as in defending clients against oppositions, the firm has successfully assisted various clients in filing oppositions as well as defending the clients’ application against oppositions. We offer watching service which helps monitor the trademark register for applications that may conflict with your brand. This gives you the opportunity to object to the use and registration of that trademark on the basis of your earlier trademark rights.

In accordance with Article 112, Law on Intellectual Property of Vietnam, as from the date an application for registration of industrial property is published in the Official Gazette of Industrial Property up until prior to the date of issuance of a decision on grant of a protection title, any third party shall have the right to express an opinion to the competent State administrative body for industrial property rights on the grant or refusal to grant a protection title for such application. Such opinions must be made in writing and be accompanied by documents or must quote the source of information. The written opinion of a third party shall be deemed to be an information source during the process of dealing with applications for registration of industrial property rights.

According to Clause 6 of Circular No. 01-2007-TT-BKHCN, the NOIP shall, within the time-limit of one month from the date of receipt of a written opinion from a third party, notify such opinion to the applicant and fix a further time of a maximum of one month for the applicant to provide its opinion in reply. On receipt of the opinion in reply from the applicant, and if the NOIP considers it necessary, the NOIP shall notify the opinion in reply of the applicant to the third party and fix a further time of a maximum of one month from the date of the notice for the third party to provide its written opinion in reply [second reply]. The NOIP shall process the opinions of the third party and the applicant on the basis of the evidence and arguments provided by such parties and on the basis of the data in the Application.

If the NOIP considers that the opinion of the third party is unfounded, it need not notify such opinion to the applicant, but must notify the third party that it refuses to consider the opinion of the third party and must specify its reason.

If the opinion of the third party relates to the rights to register, and if the NOIP is unable to confirm whether or not such opinion is founded or unfounded, the NOIP shall notify the third party to institute court proceedings to resolve the matter. If within a time-limit of one month from the date of such notice the third party does not notify the NOIP that the third party has instituted court proceedings, then the
opinion of the third party shall be deemed to have been withdrawn. If the NOIP is in fact notified by the third party that the latter has instituted court proceedings, the NOIP shall suspend processing of the Application to await resolution of the dispute by the Court. After receipt of the Court's decision, the processing of the Application shall continue in conformity with the Court decision.

To file an opposition, you are required to provide us with sufficient documents proving that you are the rightful owner of the mark. Contact us and tell our trademark attorneys, they will surely show you what to do.

 

 

 

 

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