Transfer of trademark applications in Vietnam

During the procedure for trademark registration, clients can make transfer the trademark applications to another holder, this procesure should complete before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may request the IPVN to record the transfer of his/her application to another person.

A request for application transfer includes:

(i) 02 declarations requesting application transfer (according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN);

(ii) Documents proving that the transferee satisfies the requirement on the right of registration (must include the following principal contents: full names and addresses of the assignor and the assignee; the “serial number of the application assigned” or information sufficient to identify the application);

(iii) Power of attorney (in case the request is filed through a representative);

Fee & time for application transfer request & re-examination and publish the content of the transfer contract

• Fee for application transfer request (VND 160,000/ 01 request) and the fee for publication (VND 120,000/ 01 request for application transfer incase the application has been accepted as a valid application).
• An application transfer request is filed after the IPVN issues Notification of intended grant of certificates, the application must be re-examination and publish the content of the transfer contract. The fee for substantive re-examination is calculated based on the number of objects (VND 550,000/ 01 group of goods or services)and the fee for publication (VND 120,000/ 01 request for application transfer).
• The time limit for processing a dossier for registration of a trademark application transfer request is 02 months.

Methods of filing application.

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

(i) Paper filing

The applicant may submit an application transfer request directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:

• Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi city.
• Representative Office of IPVN 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 IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

In case of filing an application transfer request by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.

(Note: If the fee or charge is transferred to one of the above-mentioned IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

(ii) Onlinefiling

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

– Online filing:

+ The applicant need to complete the steps of filing an application transfer request on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.

+ The confirmation of online submission must be presented to one of the IPVN’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.

+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will 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.

After the consulting results are available, Viet An Law – Vietnam Intellectual property Firm will notify customers and give advices so that customers can complete and submit their application as soon as possible. Viet An Law would like to provide customers with the best trademark registration & Trademark renewal service.