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Filing a trademark application through a representative

Trademark is a sign to distinguish products and services of different individuals. The establishment of a trademark right is based on the decision to grant a protection title to the trademark. Therefore, in order to have the rights to a trademark, organizations and individuals must register the trademark with the competent office of the National Office of Intellectual Property and ask for recognition of their rights to the trademark.

Usually, the person who files the trademark application is the owner of the trademark application. When the title of protection is granted, the applicant will be recorded as the owner of the title of protection. However, in some cases, the application owner authorizes the legal representative, through the intermediary service of an Industrial Property Representation Service Organization, to do it on your behalf and apply.

Application owners and their representatives shall ensure the truthfulness of information and documents provided to the National Office of Intellectual Property  in the course of trademark registration. The application owner shall be responsible for all consequences and obligations arising from his / her representative’s performance in dealing with the National Office of Intellectual Property. The representative of the applicant must be responsible to the applicant for all consequences resulting from the declaration and supply of untruthful information caused in the transactions with the National Office of Intellectual Property, if causing damage, they must pay compensation.

For the filing of trademark registration application through an authorized representative, the application owner and his / her representative are the same applicants. Therefore, the application owner and his / her representative are also responsible for ensuring the truthfulness of the information and documents provided to the National Office of Intellectual Property  during the registration process and the application owner is also responsible for all consequences. and obligations arising from the application owner’s representative in dealing with the National Office of Intellectual Property. According to the provisions of the Intellectual Property Law, only organizations with certificates and recognized by the National Office of Intellectual Property as intellectual property representatives may be considered lawful representatives of application owners when they authorize representatives.

Note: The application for trademark protection is submitted through the representative, the application must fill in all the information requested about the representative, accompanied by the signature of the representative and submitted with the authorized representative as prescribed.

All information related to trademark registration through customer representatives, please contact Viet An Law Firm for detailed advice!

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