Registering a trademark is a crucial step in protecting your brand, but what happens if you need to amend, assign, or divide your trademark application? Understanding the legal procedures set by the Intellectual Property Office of Vietnam (IPVN) is essential to ensure a smooth process. In this article, we provide a step-by-step guide on how to amend, assign, or divide a trademark application in Vietnam while complying with legal requirements.
Procedure for Amendment of Trademark Applications
When Can a Trademark Application Be Amended?
Before the IPVN issues a decision to reject, refuse, or grant a protection title, an applicant may amend their application:
- On their own initiative, or
- Upon request by the IPVN.
Required Documents for Amendment
A request for application amendments must include:
- Two (02) declarations requesting amendments (Form No. 01-SĐĐ, Appendix B, Circular No. 01/2007/TT-BKHCN).
- Supporting documents proving the changes, such as:
- Five (05) identical mark specimens.
- A revised list of goods/services.
- A detailed written explanation comparing amended and initial documents.
- Note: The amendment must not expand the protection scope beyond the original application.
- Power of Attorney (if submitted via a representative).
Fees
- Amendment request fee: VND 160,000 per request.
- Publication fee: VND 120,000 per request (if the application has been accepted as valid).
- If the amendment affects the nature of the trademark (e.g., mark specimen, goods/services list), the application must be re-examined. The re-examination fee is VND 550,000 per class of goods/services.
Processing Time
The amendment request is processed within 02 months.
How to Submit the Amendment Request?
Option 1: Paper Filing
Submit directly or via postal service to one of the following IPVN offices:
- Hanoi: 386 Nguyen Trai, Thanh Xuan District.
- Ho Chi Minh City: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, District 1.
- Da Nang: 3rd Floor, 135 Minh Mang, Ngu Hanh Son District.
Option 2: Online Filing
- Requires a digital certificate, digital signature, and a registered account on the IPVN Online Application System.
- The applicant must complete the online submission process and receive a confirmation of submission.
- Within 01 month, the applicant must present this confirmation at an IPVN office, submit the required documents, and pay the necessary fees.
Procedure for Assignment of Trademark Applications
When Can a Trademark Application Be Assigned?
Before the IPVN issues a decision to reject, refuse, or grant a protection title, an applicant may request to assign their application to another party.
Required Documents for Assignment
A request for application assignment must include:
- Two (02) declarations requesting assignment (Form No. 01-CGĐ, Appendix B, Circular No. 01/2007/TT-BKHCN).
- Proof of assignment, including:
- Full names and addresses of both the assignor and assignee.
- The application serial number or sufficient details to identify the application.
- Power of Attorney (if submitted via a representative).
Fees
- Assignment request fee: VND 160,000 per request.
- Publication fee: VND 120,000 per request (if the application has been accepted as valid).
- If the assignment affects the nature of the application, a re-examination fee of VND 550,000 per class of goods/services will apply.
Processing Time
The assignment request is processed within 02 months.
How to Submit the Assignment Request?
Submission methods (paper and online) are the same as for amendment requests.
Procedure for Division of Trademark Applications
When Can a Trademark Application Be Divided?
Before the IPVN issues a decision to reject, refuse, or grant a protection title, an applicant may divide their application:
- On their own initiative, or
- Upon request by the IPVN.
A divisional application must receive a new serial number but retains the original filing date and priority date (if applicable).
Required Documents for Division
A request for application division must include:
- Two (02) declarations for divisional application (Form No. 04-NH, Appendix A, Circular No. 01/2007/TT-BKHCN).
- Five (05) identical mark specimens.
- Written request for division, specifying details of the original and new applications.
- Power of Attorney (if submitted via a representative).
Applicable Fees
- Filing fee: VND 150,000.
- Publication fee: VND 120,000.
- If the substantive examination has already been conducted on the parent application, additional independent fees will apply.
Processing Time
- The divisional application must undergo a formality examination.
- It will be processed according to the remaining procedures applicable to the parent application.
How to Submit the Division Request?
Submission methods (paper and online) are the same as for amendment and assignment requests.
The above are the procedures for amending, assigning, and dividing trademark applications for individuals and businesses. If you need to register a trademark, please contact VNNA for detailed consultation and guidance.
- Email: info@vnna.com.vn
- Hotline: 0862 618 669 or 0865 069 288
- Facebook: VNNA
