Procedures for trademark transfer in Vietnam
Trademarks need to be registered to gain protection in Vietnam. However, if you find a business opportunity or feel that the trademark is no longer suitable with the development path set out at the beginning, you can carry out the procedure for transferring the trademark to another party. In the following article, VLIP will show the procedure for trademark transfer in Vietnam in accordance with the law.
Trademark transfer means the transfer of ownership of a mark by a trademark owner to another organization or individual in accordance with the law.
The transfer of a mark depends on the consent of the parties and is done under the management of the state through the registration of a trademark transfer contract with a competent state agency in charge of industrial property rights.
Conditions for trademark transfer in Vietnam
The trademark transfer contract needs to be in writing and only takes effect when it has been registered at the state management agency in charge of industrial property rights.
It should be noted that the conditions for trademark transfer in Vietnam have many regulations to be aware of. According to the provisions of the Law on Intellectual Property of Vietnam, the conditions to be followed in the transaction of trademark transfer are:
– Trademark owners may only assign their rights within the protected area;
– The transfer of rights to the mark must not cause confusion about the characteristics and origin of goods or services bearing the mark;
– The rights to the mark shall only be transferred to the organization or individual that meets the conditions for the right to register the mark.
Contents of a trademark transfer contract in Vietnam
In a trademark transfer contract, in addition to basic information about the current trademark owner (the assignor) and the assignee, the contract also needs to clearly state the basis for the transfer, the transfer price and the rights and obligations of each party before, during and after the trademark transfer.
It is necessary to clearly state the rights and obligations to avoid the case that the assignor continues to use the trademark after transferring the trademark to the assignee because this is a transfer contract, not a license contract.
Trademark transfer procedures
After the parties establish and confirm the information in the trademark transfer contract (preferably with the help of a 3rd party, which is a reputable law firm on trademark issues), the parties shall register the trademark transfer contract at the National Office of Intellectual Property of Vietnam.
Specifically, the assignor will submit a set of documents for registration of the transfer contract at the National Office of Intellectual Property, including documents as prescribed by law. After the dossier is confirmed in terms of formality by the experts, the transfer dossier will be processed according to the correct process.
The Department will issue a certificate of registration of a trademark transfer contract, record the protection certificate to the new owner, record the transfer of ownership rights to the mark.
Finally, the NOIP will publish the decision on granting the Certificate of registration of an industrial property right transfer contract in the Industrial Property Official Gazette within 2 months from the date of signing the decision.
*** Other Articles***
– You could visit here to see the Trademark Registration in Vietnam.
– You can also check the Vietnam Trademark Law: Detailed Guide And Legal Notes.
– You could check Questions of filing trademark in Vietnam: POA, Trademark requirement and trademark fee in Vietnam.
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