Decision 1057/QD-SHTT on publicizing trademark registration information in Vietnam

From January 1, 2024, trademark applications that have not been validly accepted will be publicized immediately after being received on the Digital Library of Industrial Property (WIPO Publish). This is a progressive implementation regulation that creates favorable conditions for subjects to carry out trademark registration procedures and search trademark information more conveniently, ensuring their rights according to the provisions of intellectual property law and international commitments on the intellectual property of Vietnam.

Information on Decision No. 1057/QD-SHTT on publicizing trademark registration information in Vietnam

• Document name: Decision No. 1057/QD-Intellectual Property
• Text type: Decision
• Date of issue: October 26, 2023
• Issuing subject: Director of the Department of Intellectual Property
• Main content: on publishing trademark application information on the Digital Library of Industrial Property (WIPO Publish). Accordingly, trademark registration applications that have not been properly accepted will be publicized immediately after being received on the “Digital Library of Industrial Property (WIPO Publish)”.
• Effective date: January 1, 2024.

Regulations on the obligation to publicize trademark registration information

Before being amended in 2022, the law only required that the application be published in the Industrial Property Official Gazette after being validly accepted, that is, having undergone a formal examination period lasting about one (01) month (according to the law), not to mention it can be extended if the application is incomplete or needs to be supplemented or corrected. During that time, it is inevitable that other entities will submit identical trademark registration applications, similar to previously filed trademarks.

In the process of developing, explaining, receiving, and revising the draft Law amending and supplementing several articles of the Intellectual Property Law, lawmakers have clearly stated the meaning of the obligation to publication of trademark registration information. Specifically, publicizing trademark registration applications as soon as the National Office of Intellectual Property receives the application is extremely necessary to create openness and transparency in the activities of establishing intellectual property rights, and creating favorable conditions for application owners to research trademark registration information before submitting, avoiding duplicate applications. Therefore, publicity brings many benefits to the applicant as well as state agencies in speeding up the process of examination and processing applications, minimizing rejected applications, and thereby reducing the burden of large volumes of industrial property registration applications, especially trademarks.

The National Assembly has received and concretized that proposal in Clause 1a, Article 110 of the Law on Intellectual Property 2005, as amended in 2022 on publicizing trademark applications and publicizing industrial property registration applications. Specifically, this clause recognizes the obligation to publicize trademark registration information as follows:

“1a. Trademark registration applications that have not been validly accepted by the state management agency in charge of industrial property shall be made public immediately after being received.”.

Thus, the addition of this provision has met the practical needs of current trademark registration procedures in Vietnam and shows the high receptiveness of the National Assembly in the process of amending and perfecting the Department of Justice law. Intellectual property in the new era. Decision 1057/QD-SHTT has concretized the implementation of this provision in practice.

Require publicizing information immediately upon receipt of the registration application in Decision No. 1057/QD-SHTT

Publication time

According to the provisions of the Intellectual Property Law, the time to make a trademark registration application public is immediately after it is received, demonstrated by the National Office of Intellectual Property stamping the application number when the subject successfully applies. at the Department’s one-stop shop. The work of providing information and publicizing information, according to regulations, will be carried out immediately after, that is, before the formal appraisal stage is completed.

Publication content

According to the content of Decision No. 1057/QD-Intellectual Property, trademark registration applications that have not been validly accepted are publicized immediately after being received on the “Digital Library of Industrial Property (WIPO) Publish)”. Specifically, the list of public directory information fields prescribed under this Decision includes the following information:

• Application number;
• Date of application;
• Priority order number,
• Priority filing date, country of origin (if applicable);
• List of goods and services bearing the trademark;
• International classification of goods and services;
• Brand sample; Brand color (if any);
• Name and address of the applicant;
• Name and address of industrial property representative (if any).

Public responsibility

According to Decision No. 1057/QD-SHTT, units are responsible for implementing regulations on publicizing trademark registration information immediately after being received on the Digital Library of Industrial Property as soon as the trademark registration application is included:

• Registration Office – Department of Intellectual Property;
• Representative office of the National Office of Intellectual Property in Ho Chi Minh City;
• Representative office of the Department of Intellectual Property in Da Nang City

In addition, responsible units jointly carry out related work including:

• The Information Technology Center updates data that needs to be published to the Digital Library on Industrial Property (WIPO Publish);
• The Center monitors and proposes solutions to ensure access to industrial property information, according to Decision No. 427/QD-BKHCN on the organization and operation of the Center under the National Office of Intellectual Property.

Decision No. 1057/QD-SHTT also assigns competent individuals responsible for implementing this Decision to be:

• Director of the Industrial Property Information Center;
• Director of Information Technology Center;
• Head of Registration Department;
• Head of the Representative Office of the National Office of Intellectual Property in Ho Chi Minh City;
• Head of the Representative Office of the Department of Intellectual Property in Da Nang City
• Heads of units under the Department of Intellectual Property.

Full text of Decision 1057/QD–SHTT

Full text of Decision No. 1057/QD–SHTT on publicizing information about trademark registration applications on the Digital Library of Industrial Property (WIPO Publish) officially effective from 1^st January 2024 refer here:

How to look up trademark registration information immediately after filing

Step 1: You access the trademark search information page (WIPO Publish) of the Intellectual Property Office at the address http://wipopublish.ipvietnam.gov.vn/

Step 2: Enter the brand information you want to look up in the brand search box. The information entered will belong to the information publicized under Decision 1057/QD-SHTT, which is:

• Application number;
• Date of application;
• Priority order number,
• Priority filing date, country of origin (if applicable);
• List of goods and services bearing the trademark;
• International classification of goods and services;
• Trademark sample; Trademark color (if any);
• Name and address of the applicant;
• Name and address of industrial property representative (if any).

Normally, the information fields used for research are trademark samples, the class of goods/services, and the application number.

Step 3: Select search and receive displayed results.

Above are the contents related to Decision No. 1057/QD-SHTT on publicizing trademark registration information in Vietnam. Customers who need to register a trademark in Vietnam and abroad, please contact Viet An Law Firm – Intellectual Property Representative for the most effective advice and support!