Currently, the handling of trademark infringement is a concern of agencies, organizations, and individuals. For each stage of processing a trademark application, there are ways for third parties to intervene in the issuance or not granting of a trademark registration certificate for a trademark application. If in case the application already has a certificate of trademark registration, the subjects may consider proceeding to request the cancellation or invalidation of the trademark registration certificate, if the trademark registration application is in, In the assessment process, the application owners may consider implementing a trademark application.
After receiving opinions of a third person related to the grant of a trademark registration certificate, the NOIP shall process the opinions of a third person before issuing a decision to grant a protection title as prescribed. at Point 6, Section 1 of Circular 01/2007 / TT-BKHCN guiding the implementation of Decree 103/2006 / ND-CP guiding the implementation of the Intellectual Property Law on industrial property issued by the Ministry of Science and Technology.
“6. Handling of opinions of the third party before issuing decisions on the grant of protection titles
6.1 From the date an industrial property registration application is published in the Industrial Property Official Gazette to the date before the issuance of a decision on the grant of a protection title, any organization or individual may send to the NOIP its/his/her written opinions on the registration right, the right of priority, protection conditions and other issues related to the industrial property registration application according to the provisions of Article 112 of the Intellectual Property Law. Written opinions of the third party shall be regarded as an information source for reference in the course of processing an industrial property registration application.
6.2 Within one month after receiving the written opinions of the third party, the NOIP shall notify such opinions to the applicant and set a time limit of one month from the date of notification for the applicant to give feedback in writing. After receiving the applicant’s feedback, when necessary, the NOIP shall notify the feedback to the third party and set a time limit of one month from the date of notification for the third party to respond in writing to that feedback. The NOIP shall process opinions of applicants and third parties based on proofs and arguments furnished by the parties and documents included in the applications.
6.3 When considering opinions of the third party groundless, the NOIP is not required to notify those opinions to the applicant but shall notify the third party of its refusal to consider the opinions, clearly stating the reason for the refusal.
6.4 If opinions of the third party are related to the registration right, when finding it impossible to determine whether or not such opinions are grounded, the NOIP shall notify such to the third party so that the latter can file a petition with a court for handling. Within one month after the NOIP issues the notice, if the third party fails to notify the NOIP of the filing of a petition with a court for handling, the NOIP shall regard the third party as having withdrawn its opinions. If the NOIP is notified by the third party within the above time limit, it shall suspend the application processing until the results of dispute settlement by the court are obtained. After the results of dispute settlement by the court are obtained, the application processing shall be resumed following those results.
6.5 When necessary and upon the request of both parties, the NOIP shall organize face-to-face meetings between the third party and the applicant to further clarify the matter challenged by the opposition.
6.6 The time limit for the applicant to respond to the opposition of the third party shall not be counted into the time limit for the NOIP to carry out relevant procedures according to regulations.”
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