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How to amend Trademark Application?

In the process of filing a trademark application, in case the applicant needs to amend the application when there are errors in the form, content or the applicant has a change in the address or name of the applicant. In that case, the applicant must carry out the application process to amend the trademark application at the National Office of Intellectuaal Property of Vietnam (NOIP).

How to amend a Trademark application?

  1. Amendment made by the applicants regarding information on the name/address;
  2. Applicants need to narrow one or more products or services.
  3. Applicants need to narrow the scope of trademark application registered;
  4. Applicants need to supplement an intellectual property representative.
  5. Applicants need to change an intellectual property representative.

 An application for amendment shall include:

  1. Declaration requesting application for amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
  2. Legal documents certifying the change of the application [In response to a request for amendment or supplementation of the trademark registration applications, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents, specifically: 05 identical mark specimens, list of goods and services bearing the mark. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the application];
  3. Power of attorney (in case the request is filed through a representative);
  4. Examination fees and charges.

The time limit for amendment of trademark registration application

The time limit for processing a dossier for registration of a trademark application amendments request is 02 months.

Methods of filing application:

The applicant may choose paper filing or online filing through the NOIP’s online public service portal, specifically as follows:

  1. Paper filing

Applicants may file a request for application amendments directly or via postal service to one of the NOIP’s application receiving places, specifically as follows:

– Head Office of NOIP, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.

– Representative Office of NOIP in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.

– Representative Office of NOIP in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

  1. Filing application online

– Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the NOIP on the Online Application Receiving System.

– Online filing procedure: The applicant need to complete the steps of filing arequest for application amendments on the NOIP’s Online Application Receiving System. After that, a confirmation of online submission shall be sent to the applicant. The confirmation of online submission must be presented to one of the NOIP’s office and the applicant needs to submit the online confirmation paper and other documents (if any) and pay fees/ charges as prescribed within 01month from the date of online submission.

If all documents and fees/ charges mentioned above are fully submitted as prescribed, and the NOIP’s officer shall issue the application number in the Online Application Receipt System. If one of the documents and fees/ charges is not fully submitted, the application will be denied. In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

Viet An Intellectual Property Representative details the above contents to clients about the cases in which the trademark registration application must be amended and the procedures to amend the trademark application at the National Office of Intellectual Property of Vietnam.

Note:

  1. Clients are not required to pay the fee for publication when amending a mark registration application at the phase of formality examination;
  2. Clients are required to pay the fee for publication when amending a mark registration application at the phase of substantive examination;
  3. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the trademark sample and the list of goods and services applicable to a mark registration application and must not change the nature of the application disclosed in the application.
  4. The applicant may request an amendment with the same content relating to multiple applications, provided that the clients pay an examination fee relating to a request for amendment of the application according to the corresponding number of applications.

Consulting, amending and supplementing of the trademark registration application service of Viet An Law Firm

  • Consulting on procedures and conditions for amendment of trademark application;
  • Drafting application for amendment of the trademark registration certificate;
  • Filing applications and tracking their progress after filing at the NOIP;
  • Exchanging and providing information to clients in the process of amending trademark registration application.

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