Publication of a trademark registration application is an administrative procedure conducted by a competent state agency. During the examination of a trademark application, after the application is filed with the National Office of Intellectual Property (NOIP), the application for registration of the mark will be examined in terms of formation, specifically to evaluate the validity of the application according to the format requirements, the object of exclusion and the right to file. Ultimately, if the trademark application meets the requirements, the NOIP will issue a decision to accept the valid application and publish the trademark application in the Official Gazette. industry. In case the trademark application is not satisfied, the NOIP will issue a notice of omission requesting the applicant to amend it accordingly.
- Information related to a validly accepted trademark registration application is published by the NOIP in the Industrial Property Official Gazette. The applicant must pay the application publication fee.
- The time limit for publication of a trademark registration application is 2 months from the date of acceptance of a valid application.
- Information related to valid trademark registration applications published in the Industrial Property Official Gazette includes: information related to formally valid applications recorded in the decision on acceptance of valid applications; sample trademark and attached classes of goods and services.
Why is publication a trademark application mandatory?
- The purpose of publication in the Industrial Property Official Gazette is for the applicant to monitor the process of examining his or her application, as well as to consider whether any trademark infringes.
- In many cases, competitors file a trademark application that infringes your business’s trademark. Therefore, through the Industrial Property Official Gazette, you can completely detect and prevent timely.
- From the date the trademark registration application is published in the Industrial Property Official Gazette until the date of issuance of the decision to grant a protection title, any third person has the right to give opinions to the state management agency on granting or not granting a protection title for that application. Opinions must be made in writing, accompanied by documents or cited information sources to support. In Vietnam, there is no time limit for objecting a trademark so it can be objected at any time until a protection title is granted.
- Monitoring the publication of a trademark application is important in protecting the intellectual property of the enterprise.
In the process of trademark registration, if you have any difficulties, please contact Viet An Law Firm for the fastest support!