Opposition of Applications for Registration of the Mark Protection

How to Oppose Applications for Registration of the Mark Protection in Vietnam?

• Vietnam's Law on Intellectual Property allows any third party to have the right to denounce the opposition of trademark applications for registration which have identical or confusingly similar signs.
• As from the date an application for registration of a mark is published in the Official Gazette of Industrial Property up until before the date of issuance of a decision on the grant of a protection title, the third party shall express the opposition to the competent State administrative body including explanations, argument and evidence the opinion. Such opinions must be made in writing and be accompanied by documents or must quote the source of information.
• Opposition to trademark applications plays a great role in the protection of trademark owners that prevents counterfeiting, duplication, infringement and trademark registration in contravention of the law.

Documents:

• 01 Power of attorney (as form)
• Documents and evidence to prove the opposition bases.
• LHD LAW FIRM could consult the client specifically and particularly about the evidence and documents).

Opposition procedures

• After receiving a disapproval application for registration of the mark, the National Office of Intellectual Property (NOIP) has a dispatch to answer the disapproval application within 10 working days from the date of the dossier. NOIP also sends disapproval opinions to owners of applications for registration of mark protection.
• Owners of the application for registration of mark protection have opinions about this disagreement and give proof that the application for registration of mark protection is suitable with the requirement of Intellectual Property law
• NOIP is under argument, proof and regulation law of parties for agree or refuse to grant a protection title

The opposition dossier includes:

• Disapproval declaration (02 copies the following form)
• Explanation documents for disagreement of protection title issue
• Attachment proofs.
• Power of attorney (if an application is filed through the representative of the owner’s mark)
• Fee, charge vouchers relating to disagreement following regulations in law.

Duration

There is no duration stipulation in Vietnamese law. As usual, NOIP will take from 6 months to 9 months to examine.

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