Modification of trademark registration in Vietnam

In the process of submitting a trademark registration application, in cases a trademark registration application must be modified when there is an error in the form, content or the applicant has a change in address, name of the applicant,…. That means the trademark registration applications need to be carried out procedures for modifying  trademark registration application at the Intellectual Property office.

Cases requiring modification of trademark registration application in Vietnam:

1. The applicant has changed his/her name or address;
2. The applicant narrows the scope of products and services or the registered trademark registration application;
3. The applicant reduces the registered trademarks;
4. The applicant adds an intellectual property representative;
5. The applicant cancels the intellectual property representative.

An application modification document includes in Vietnam:

1. A declaration requesting amendments to industrial property registration applications, typed using the form in No.01-SDD, Appendix B of Circular No.01/2007/TT-BKHCN.
2. Legal documents proving the amendment (Particularly for a request to amend the content of a trademark registration application, the applicant must submit the modified corresponding document and the detailed modified content original documents submitted. Specifically: 05 trademark samples; a list of goods and services trademarking). At once, the amendment may not extend the protection scope (quantity) which is disclosed in the application;
3. A power of attorney (in case request for modification is submitted through industrial property representation service organizations);
4. Fee, appraisal fee.

Time to modify a trademark registration application in Vietnam:

          Time limit for reviewing a request for amendment of trademark registration application: 02 months

Submitting application methods in Vietnam:

          Applicants can choose between a handwritten application form or an online application through the Intellectual Property office’s online public service portal, specifically:

Handwritten application method

          Applicants may submit a request for amendment of the application in person or by host to one of the Intellectual Property’s application receiving locations, specifically:

• The Intellectual Property office, address: 386 Nguyen Trai Street, Thanh Xuan District, Hanoi City.
• Representative office of the Intellectual Property office in Ho Chi Minh City, address: floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Precinct, District 1, Ho Chi Minh City.
• Representative office of the Intellectual Property office in Da Nang City, address: floor, 135 Minh Mang, Khue My Precinct, Ngu Hang Son District, Da Nang City.

Online application method

          Conditions for online application method: Applicants need to have digital certificates and digital signatures, register an account on the Online Application Processing System and have an account approved by the Intellectual Property office to perform industrial property registration transactions.

Online application process: The applicant needs to declare and submit a request for amendment of the application on the Intellectual Property office’s online application receiving system, after completing the declaration and submitting the application on the Online Application Reception System, system will send back the online submission confirmation form.

          Within 01 month from the date of submission of the online application, the applicant must go to one of the Intellectual Property office’s application-receiving agencies on working days during business hours to present the certificate of direct submission route and accompanying documents (if have) and pay the prescribed fee/charge.

          If the documents and fees/charges are sufficient as prescribed, the receiving officer will issue the application number to the declaration on the Online Application Reception System, if there are insufficient documents and fees/charges as prescribed, the application will be rejected.

          In case the applicant fails to complete the required application procedure, the online document will be terminated and publish the Online Document Cancellation Notice. This notice is sent to the applicant on the Online Application Reception System.

          These above are the cases in which an application for trademark registration needs modifying and the procedures and steps to be taken to register the amendment with the Intellectual Property office that the Viet An Law – Viet An Intellectual Property Representative sends to customers to reference.

Notices:

1. Amendment of a trademark registration application at the stage of formality appraisal (no application publication fee is charged);
2. Modification of trademark application at the stage of content appraisal (there is a fee for publication);
3. Amendment and supplementation of an application must not expand the scope (quantity) of protection in the trademark sample and the list of goods and services for a trademark registration application. This also must not change the nature of the stated object in the application. If the amendment expands the scope (quantity) of the protection or changes the nature of the object is not accepted, the applicant must submit a new application and all procedures are resumed.
4. Applicants may request an amendment with the same content relating to multiple applications, provided that the requester pays the examination fees for requesting amendments to the application according to the corresponding number of applications.

Consulting service, procedures for amending and supplementing trademark registration application of Viet An Law

• Advices on procedures and conditions for modifying trademark registration application;
• Draft documents, modify trademark registration application;
• Submit application and keep track of the process at Intellectual Property office;
• Discuss, provide information to customers in the whole process of modifying trademark registration application.

Viet An Law – Vietnam Intellectual property Firm will notify customers and give advices so that customers can complete and submit their application as soon as possible. Viet An Law would like to provide customers with the best trademark registration & Trademark renewal service.