Mark means any sign used to distinguish goods or services of different organizations or individuals. Specifically, a mark is a sign (including a combination of elements such as letters, words, drawings, images, including holograms represented by colors…) used to distinguish goods and services of these organizations and individuals with other organizations and individuals.
Trademark transfer in Vietnam means the transfer of ownership rights by a trademark owner to another organization or individual.
An assignment of trademark in Vietnam must be established in the form of a written contract (hereinafter referred to as trademark transfer contract). Contents of a trademark assignment contract include: Full names and addresses of the assignor and of the assignee; Grounds for the assignment; Assignment price; Rights and obligations of the assignor and the assignee.
To perform a trademark assignment, the parties must first agree and establish a transfer contract. After that, the trademark assignment contract will be registered at the National Office of Intellectual Property (NOIP). Registration documents include:
In addition to the above-mentioned documents, an application for registration of a contract for transfer of industrial property rights shall include the following documents: The transferee’s regulations on the use of the collective or certification trademarks;
In this case, the NOIP shall re-examine the request for right to file applications and regulations on use of trademarks. The applicant must pay fees for application examination in addition to charges and fees for application for registration of contracts for transfer of industrial property rights according to regulations.
After fully preparing the above documents, the transferor will submit 1 set of these dossiers to the NOIP by direct submission or by post. NOIP will receive and process trademark transfer contract registration applications according to normal order and procedures, completion time from 4 to 6 months.
Customers wishing to register for trademark transfer in Vietnam, please contact Viet An Law Firm for detailed support!
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