Vietnam: Uniformly apply provisions on amendments, supplements to applications, and new details in the procedure for establishing trademark rights
(Vietnam) To prevent inconsistencies and synchronization in the amendment and supplementation of trademark procedures causing difficulties for the management system, the National Office of Intellectual Property of Vietnam Nam recently issued Notice No. 10869/TB-SHTT dated November 18, 2021 on the uniform application of a number of regulations on amendments and supplements to applications and new details in the procedure for establishing trademark rights.
Uniformly apply a number of regulations on amendments and supplements to applications
Each and every parties that file for the registration of trademark right at the National Office of Intellectual Property of Vietnam from the date of signing and promulgating Notice No. 10869/TB-SHTT dated November 18, 2021, and for the procedures required before the date of signing this Notice without a final decision, must guarantee that it meets the following requirements.
Any requested modifications to the trademark model or list of goods and services in the trademark registration application, including the removal/limitation of the list of goods and services, shall be deemed an act to amend and supplement the application, according to Notice No. 10869/TB-SHTT.
As a result, except in cases where the provisions of international treaties to which Vietnam is a party differ, the above procedures must be carried out strictly in accordance with the contents specified in Clauses 1, 2 and 3 of Article 115 of the Intellectual Property Law and point 17.1 of Circular No. 01/2007/TT-BKHCN:
- Amendments and supplements must be made before the state management agency in charge of industrial property rights issues a decision on refusal to grant a protection title or a decision on grant of a protection title specified at Point 17.1.a of Circular No. 01/2007/TT-BKHCN;
- The party requesting amendments and supplements must pay the required fees and charges;
- Amendments and supplements to a trademark application must be made in the spirit of ensuring the uniformity of the application and in the same time, do not expand the scope of objects stated in the application and do not change the nature of the subject of the registration application.
New details in the procedure for establishing trademark rights
According to the notice, if the applicant follows the procedures for amending and supplementing the trademark application after the state management agency in charge of industrial property rights issues a decision to refuse or grant a protection title, the amendments and supplements are not considered new details.
Furthermore, modifications, supplements, and additional details will not be within the scope of complaint settlement and will not be accepted in the complaint settlement procedure, according to the legislation.
