Electronic Trademark Registration Certificate in Vietnam

On August 23, 2023, the Government issued Decree No. 65/2023/ND-CP. The Decree details a number of articles and measures to implement the Law on Intellectual Property. In particular, for registration applications to establish the right to be filed from the effective date of this Decree, the NOIP will grant a protection title in electronic and paper form (in case the applicant requests for a paper copy). So what are the regulations on Electronic Trademark Registration Certificate in Vietnam under the newest regulations?

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2022.
• Decree 65/2023/ND-CP guiding the Law on Intellectual Property on industrial property, protection of industrial property rights, rights to plant varieties, and State management of intellectual property.

What is an electronic trademark registration certificate?

An electronic trademark registration certificate is a form of a certificate of trademark registration under the new provisions of Decree 65/2023/ND-CP. Accordingly, protection titles of trademarks, inventions, industrial designs, layout designs, and geographical indications shall be granted by the applicant in the form of electronic and paper copies.

The phrase “protection title” here is understood to include a Patent for invention, a Patent for utility solution, a Patent for industrial design, a Certificate of registration for layout design of semiconductor integrated circuits, a Trademark Registration Certificate, and a Geographical Indication Registration Certificate.

Regulations on Electronic Trademark Registration Certificate in Vietnam in Decree 65/2023/ND-CP

According to the new regulations, the electronic version is automatically issued if the protection title is granted. However, the paper copy of the protection title is only available in case the applicant chooses a box for the paper copy. This regulation applies to industrial property protection applications from August 23, 2023 – the effective date of Decree 65/2023/ND-CP.

The contents recorded in these two forms of protection titles are the same. Specifically, the following information is recorded:

• Name of the owner of the invention, industrial design, layout design, trademark (hereinafter referred to as the protection title holder); authors of inventions, industrial designs, layout designers; object, scope, and term of protection.
• Organizing the management of geographical indications, protected geographical indications, specific characteristics of products bearing such geographical indications, specific characteristics of geographical conditions, and geographical areas bearing geographical indications for geographical indications. with a geographical indication protection title.
• According to the form specified in Appendix II of Decree 65/2023/ND-CP.

What should applicants pay attention to under the provisions of the new Decree?

According to the current regulations of Decree 65/2023/ND-CP, when filling out the trademark registration declaration, the applicant should note that they must fill in complete and accurate information about the mark as well as the owner. Check the box for issuing paper copies if you want to receive a paper trademark certificate after finishing the application examination process.

In case the applicant does not check the box for the paper version, it is understood that the applicant will only receive an electronic certificate when the NOIP finishes the examination of the application.

The above is a guide to making a trademark registration declaration form of Law firm – Viet An Intellectual Property Representative under Decree No. 65/2023/ND-CP applied from August 23, 2023, to help partly support customers in the process of trademark registration declaration.

Viet An Law provides legal services related to trademark registration

• Legal advice on procedures and conditions for trademark registration;
• Advising on the feasibility of trademark registration;
• Free preliminary search for the possibility of trademark registration;
• Official trademark search at the National Office of Intellectual Property – Independent cost;
• Trademark registration representative for customers in the process of trademark registration;
• Drafting trademark registration dossiers;
• Submit dossiers and monitor the process of application registration and examination at the National Office of Intellectual Property;
• Representing clients in the entire process of establishing rights and responding to correspondence with the National Office of Intellectual Property about trademark registration;
• Exchange and provide information to customers in the process of trademark protection registration.

If you need to register a trademark to meet the requirements of the new Decree, please contact Viet An Law – an industrial property representative in Vietnam for the best support.