Opposition to Grant the Protection Title in Vietnam

Currently, a trademark has gradually played an important thing in business. This is a valuable asset of enterprises, so a trademark is also susceptible to infringement by other agencies, organizations, and individuals such as registering confusing images, similar words to the same goods or services.

To protect their legitimate rights and interests, the trademark owners, who have been granted the protection title, if discover that other agencies, organizations, or individuals having registered trademarks similar to their trademark, can object to granting the protection title.

Parties have the right to object to granting the protection title:

• Any third party has the right to object to granting the protection title;
• A trademark application may be objected to by one or more parties.

The scope of carrying out procedures for opposing to grant the protection title:

         Third parties have the right to object to granting the protection title regarding the right to registration, the priority, the protection conditions, and other problems relating to the industrial property registration application following the regulations (Article 112 the Law on Intellectual Property).

Time to carry out procedures for opposing to grant the protection title:

 From the date of publication on the gazette to the date of having the issue to grant the protection title.

Form of opposition to granting the protection title:

Contents of objection must be made in writing with documents or sources to prove.

Agency receives and considers:

The Intellectual Property office 

Address: 384 – 386 Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi, Vietnam.

Opposing to grant the protection title dossier includes:

• Official letter explaining the opposition to grant;
• Documents and evidence attached;
• A power of attorney (if customers submit through the representative);
• Receipts of fee payments.

Orders and processing time to consider an opposing dossier:

         Within 01 months after receiving a third party’s official letter, the Intellectual Property Office shall notify the opinion applicant and set a maximum time limit of 01 months from the date of notification for the applicant to respond.

         After receiving the applicant’s response, if it is necessary, the Intellectual Property Office shall notify the response to the third party and set a maximum time limit of 01 months from the date of notification for the third party to respond.

         The Intellectual Property Office will consider the opinion of the applicant and third party based on evidence, arguments provided by the parties, and documents included in the application.

Result:

         After receiving an objection official letter, the Intellectual Property Office shall consider and settle a request to oppose the trademark registration application based on evidence and arguments of the two parties. On that basis, the Intellectual Property Office will issue a notice to solve the trademark objection as one of the following three documents:

• Make a decision not to grant the protection title for the objectionable trademark if it finds that there are sufficient grounds for settlement;
• In case that the opinion of the third party is unfounded, the Intellectual Property Office shall notify the third person of refusal to consider the opinion, clearly stating reason;
• In case of needing more comments and documents from the parties, the Intellectual Property Office may notify the objection to the owner and set a time limit for this party to respond. After receiving the response (in case there is), if it is necessary, the Intellectual Property office notifies the opposing party for further comments.

Viet An Law services in consulting objection to granting the protection title:

• Conduct a trademark search, consult, evaluate the similarity and guide customers in the procedures to oppose;
• Legal advice in the whole process of objection procedures;
• Draft the objection official letter, check documents and evidence to perform objection procedures;
• Represent for customers to perform objection procedures;
• Consult other issues relating to the opposition procedures;
• Monitor, consult, protect customers’ interests in the whole process of objection procedures.