Modify the name on the trademark protection title in Vietnam

Obtaining a trademark protection title (registration certificate) is extremely necessary. During operations, there will be times when the protection title owner changes his or her information. At this time, what procedures and orders need to be followed to make modifications to the Trademark Registration Certificate? In the following article, Viet An Law will summarize the regulations on the procedure to modify the name on the trademark protection title in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022;
• Decree 65/2023/ND-CP details several articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and state management on intellectual property;
• Circular 23/2023/TT-BKHCN guiding the Law on Intellectual Property and Decree 65/2023/ND-CP on industrial property rights;
• Circular 263/2016/TT-BTC regulates industrial property fees and charges.

Regulations on trademark protection title in Vietnam

According to the provisions of Clause 25, Article 4 of the Intellectual Property Law, a protection title is a document issued by a competent state agency to an organization or individual to establish industrial property rights over an invention, industrial design, layout design, trademark, geographical indication; rights to plant varieties.

Accordingly, the trademark protection title, also known as the Trademark Registration Certificate, is the most important legal basis to protect businesses when a trademark dispute occurs, certifying the organization/individual that is authorized to do so. The state protects trademarks/trademarks exclusively within a specific spatial and time scope.

The trademark certificate shows information about the scope of trademark protection such as the trademark sample; name and address of the trademark owner; list of goods and services bearing the trademark; and trademark protection period;…

Is it possible to modify the name on the trademark protection title in Vietnam?

According to Article 29 of Decree 65/2023/ND-CP and Point a, Clause 1, Article 97 of the Intellectual Property Law, stipulates cases of amending information on protection titles, thereby changing and correcting errors related to the name of the owner of the protection title is one of the regulated contents.

Thus, modifying the applicant’s name on the Trademark Registration Certificate is one of the cases in which it is allowed to modify information on the protection title. After being granted a Trademark Registration Certificate, if the owner of the protection title wants to amend information on the protection title or change information in the National Register of Industrial Property, he or she must follow the procedure to request modifications.

Modification obligation with incorrect title information

If you do not modify the information to match the current information, you may encounter the following problems:

• If there is a need to register a new version of the trademark, which is nearly identical to the old trademark, while still keeping the old name and address on the Trademark Certificate. As a result, the later filed trademark may be rejected because the information on the trademark certificate and the current business registration information do not match, and may be considered two different subjects;
• In case of carrying out procedures such as complaints, infringement handling, or other procedures that need to prove that you are the trademark owner, the information on the Trademark Certificate must match the current information;
• This amendment ensures the rights and benefits of trademark owners and helps competent authorities monitor, inspect, and manage more easily.

Therefore, if there is a change in information on the Trademark Certificate, amendment procedures should be carried out to ensure rights.

Procedures for modification of Trademark Registration Certificate

Dossier

Depending on the amended or supplemented content, the application to amend the trademark registration application will have different documents, specifically:

• The declaration requesting amendments is made according to Form No. 06 in Appendix II of Decree 65/2023/ND-CP, which clearly states the request for recording changes.
• Original of trademark protection title (issued in paper form);
• Documents confirming the change of name and address (original or certified copy) if the content requested to be changed is name and address;
• Documents detailing the revised content;
• Power of attorney for Viet An Law (if submitting a request through industrial property representative);
• Copy of fee and charge payment voucher (in case of payment of fees and charges via postal service or direct payment to the account of the state management agency on industrial property rights);
• Other documents (if any).

Administrative authority

Applications for name amendments on the Trademark Registration Certificate are submitted directly to the National Office of Intellectual Property at the following addresses:

• National Office of Intellectual Property in City. Hanoi: 384-386 Nguyen Trai Street, Thanh Xuan District, Hanoi City
• Representative office of the Department of Intellectual Property in Da Nang: 3rd Floor, No. 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City
• Representative office of the National Office of Intellectual Property in Ho Chi Minh City: 7th Floor, Ha Phan Building, No. 17 – 19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City

Executive time to modify the name on the trademark protection title in Vietnam

According to the provisions of Article 29 of Decree 65/2023/ND-CP, the time limit for processing documents is prescribed as follows:

• Within 02 months from the date of receipt of the application, the NOIP must consider the request to amend the protection title. If the request is deemed valid, the NOIP issues a decision to amend the protection title and registers and publishes the decision to amend the protection title in the Industrial Property Official Gazette within 60 days from the date of the decision.
• In case the request to amend the protection title is flawed or invalid, the NOIP shall issue a notice of intention to refuse to accept the amendment, clearly stating the reason and setting a deadline of 02 months from the date of issuance of the notice. Notify the person requesting correction of errors or objections.
• If at the end of the set time limit the requester does not correct the errors or the correction of errors is unsatisfactory, there is no objection or there is an objection that is not valid, the state management agency on industrial property rights issued a Decision to refuse the request to amend the protection title

State fee

The applicant must pay the examination fee for the request to amend the protection title, the registration fee, and the fee for publishing the decision to record the amendment to the protection title. Based on the Table of industrial property fees and charges issued together with Circular 263/2016/TT-BTC, the current regulations on fees and charges are as follows:

• Fee for appraisal of request to amend protection title: 160,000 VND/protection title
• Fee for publishing the Decision to amend the protection title: 120,000 VND/application
• Registration fee for Decision to amend protection title: 120,000 VND/protection title

If clients need advice or learn more about modifying names on trademark registration certificates in particular and learn more about modifying information on other certificates in general, please contact Viet An Law Firm – Intellectual Property Representative for the best support.