Television Services Trademarks Registration in Vietnam

Vietnam nowadays, telecommunications in general and televisions, in particular, are interesting services, they are also developing. Therefore, more and more businesses of these services have been established. When establishing a television business, one of the most important and necessary things is to register an exclusive trademark for a certain television service. What procedures do businesses need to do to register and what documents do they need?

Viet An Law would like to provide customers with procedures to register trademarks for television services following current law.

 Television services intended to register to include these services:

• Pay satellite television services; audio, video, and/or audio-visual services; transmission, broadcasting, and transmission of TV shows and movies to a personal computer;
• Cable TV programs production, monthly and annual pay-TV programs production and satellite TV programs production, performance programs production, online TV interactive services (provide information and graphic images through global networks), online game information services on television.

Televisions services intended to register are underclass 38 according to the Nice Classification.

Procedures, orders for television services trademarks registration includes:

Step 1: Submit the application

Individuals, organizations wishing to register a trademark can submit directly at the competent state agency or can through the representative of Viet An Law. When submitting, customers need to pay the registration fee and take these receipts to submit.

Attach with the application, customers need to provide these documents:

• A list of television services intended to register;
• A trademark registration declaration;
• A power of attorney Viet An Law to submit;
• 01 trademark sample with dimensions bigger than 3 x 3 cm and smaller than 8 x 8 cm;
• Receipts of fee payments.

Step 2: Receive and consider the application

The application will be received by the competent state agency in charge of industrial property if it meets the documents and information requirements as prescribed in Clause 1 Article 108 the Law on Intellectual Property 2005.

After receiving, the competent state agency continues to consider the application through these stages:

Stage 1: Form appraisal

The form application is appraised to evaluate the possibility including necessary documents; classification; stated objects classification; right to submit;…) If the application is valid, the competent state agency in charge of industrial property will issue a notice to accept as a valid application and continue procedures for granting the protection title, record on the National Register of Industrial Property. If the application is one of the cases as prescribed in Clause 2 Article 109 the Law on Intellectual Property, the agency will issue a refusal notice (clearly state reason).

The time to appraise the form is 01 month from the date of submitting.

Stage 2: Publish the application

The accepted application will be published on the gazette within 02 months from the date of acceptance.

Stage 3: Content appraisal

          The valid application will be appraised content. The purposes of this step are to evaluate the possibility of granting the protection title and to determine the corresponding protection. Time to appraise content. During this time, the agency may request the applicant to explain the content, provide information relating to the nature of stated objects.

Step 3: Grant the protection title and publish

          The application is not one of the refusal cases to grant the protection title as prescribed in Clause 1, Clause 2 and Point b Clause 3 Article 117 the Law on Intellectual Property and the applicant pays the fee, the agency will grant the protection title and record on the National Register of Industrial Property.

The time to grant the protection title is 01 – 02 months from the date of paying a fee.

Notices: The validity of a protection title is 10 years from the date of submission. It can be renewed many consecutive times.

Before submitting, to ensure the strongest possibility, customers can use the search of Viet An Law including:

• A preliminary search: Viet An Law will conduct a preliminary search for provided trademark within 01 days from the date of receiving.
• Search at the Intellectual Property office: Viet An Law will through the representative to search at the Intellectual Property office. This step is to evaluate the strongest possibility to register.

Viet An Law provides legal services relating to trademark registration:

• Legal advice on procedures and conditions for trademark registration;
• Advice on the possibility of trademark registration;
• Conduct a preliminary search for trademark;
• Search for the trademark at the Intellectual Property office;
• Represent customers in the registration process;
• Draft trademark registration dossier;
• Submit and monitor the registration process at the Intellectual Property office;
• Represent customers and discuss with the Intellectual Property Office about the trademark registration.

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