To avoid inconsistent and synchronous modification and supplementation of trademark applications and procedures, the National Office of Intellectual Property of Vietnam (NOIP) Nam recently issued Notice No. 10869/TB-SHTT dated November 18, 2021, on the uniform application of a number of provisions on amendments and supplements to applications and new details in trademark registration.
Individuals and organizations submitting an application for registration or establishment of a trademark right at the National Office of Intellectual Property of Vietnam must make sure that it satisfies the required requirements as of the date of signing and promulgating Notice No. 10869/TB-SHTT dated November 18, 2021, and for the procedures required before the date of signing this Notice without a final decision.
Amendment and supplementing requirements for trademark registration applications
Any suggested modifications to the trademark form or list of goods and services in the trademark registration application, including the removal or limitation of the list of goods and services, shall be deemed an action to modify and supplement the application, according to Notice No. 10869/TB-SHTT. As a result, the following procedures must be carried out strictly in accordance with the contents specified in Clauses 1, 2, and 3 of Article 115 of the Intellectual Property Law, as well as point 17.1 of Circular No. 01/2007/TT-BKHCN (except where international treaties to which Vietnam is a party contain different provisions):
- Before the state management agency in charge of industrial property rights issues a decision on refusal to grant a protection title or a decision on grant of a protection title as indicated in Point 17.1. a of Circular No. 01/2007/TT-BKHCN, amendments and supplements must be made.
- Fees and charges must be paid by the party requesting amendments and supplements.
- Amendments and supplements to a registration application must not broaden the scope of the objects listed in the application or modify the nature of the registration request’s object. Furthermore, the change must be performed in the spirit of guaranteeing the application’s consistency.
According to the notice, if the applicant follows the procedures for amending and supplementing the trademark registration application after the state management agency responsible of industrial property rights issues a decision to reject or grant a protection title, the amendments and supplements will not be considered new situations.
Furthermore, amendments, supplements, and new circumstances will not be within the scope of complaint settlement and will not be accepted in the complaint settlement procedure, according to the legislation.
The list of Vietnam IP Firms can be found here.