How to Oppose Applications for Registration of the Mark
Protection in Vietnam?
Vietnam Law on Intellectual Property allows any third party to have right to
denounces the opposition of trademark applications for registration which have
identical or confusingly similar signs.
As from the date an
application for registration of mark 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, the third party shall express the opposition to
the competent State administrative body including explanations, argument and evidence
the opinion. Such opinions must be made in writing and be accompanied by
documents or must quote the source of information.
Opposition to trademark applications plays a great role for the protection of
trademark owner that prevents counterfeiting, duplication, infringement and
trademark registration in contravention of law.
Documents:
01 Power of attorney (as
form)
Documents and evidences
to prove the opposition bases.
(ANT Lawyers could consult client specifically and particularly
about the evidences and documents).
Opposition procedures
After receiving a
disapproval application for registration of mark, National Office Intellectual
Property (NOIP) has a dispatch to answer the disapproval application within 10
working days from date received a dossier. NOIP also sends disapproval opinions
to owners of application for registration of mark protection.
Owners of application for registration of mark protectionhas opinions about this disagreement and give
proofs that the application for registration of mark protection is suitable
with requirement of Intellectual Property law
NOIP is pursuant to
argument, proof and regulation law of parties for agree or refuse to grant a
protection title
Opposition dossier includes:
Disapproval declaration
(02 copies following form)
Explanation documents
for disagreement of protection title issue
Attachment proofs.
Power of attorney (if an
application is filed through representative of owner’s mark)
Fee, charge vouchers
relating disagreement following regulations in law.
Duration
There is no duration
stipulation in Vietnamese law. As our usual, NOIP will take from 6 months to 9
months to examine.
Source: ANTLawyers.vn
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