Opposition of Applications for
Registration of the Mark Protection in 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.
Trademark opposition in Vietnam
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 protection has 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.
If you are looking for an
experienced IP services in Vietnam to help you with
your Trademark application, you should visit ANT Lawyers. Our attorneys have
experience with the IP process and will work closely with you as you apply for
your Trademark in Vietnam.