OBJECTION PROCEDURE AGAINST APPLICATIONS FOR MARK REGISTRATION.
Objection to mark registration applications plays an vital role in protection of rights on marks and prevention against counterfeiting, violating or registering marks illegitimately.
What is an application objection procedure?
According to Article 112 of Law on intellectual rights 2005, amended 2019, as from the date an industrial property registration application is published in the Official Gazette of Industrial Property till prior to the date of issuance of a decision on granting of a protection title, any third party shall have the right to express opinion to a concerned state management agency in charge of industrial rights on granting or refusal to grant a protection title of such application. Such an opinion must be made in writing and be accompanied by documents or must quote the source of information. In case the protection title has already been granted, the third party may consider conducting a procedure to invalidate such protection title.
After receiving third party’s opinion on granting protection title for a mark, Intellectual Property Office of Vietnam (IP Vietnam) shall conduct examination on the opinion before making decision on granting a protection title according to point 6, section 1 of Circular No. 01/2007/TT-BKHCN on guiding the implementation of Decree No. 103/2006/NĐ-CP on guiding the implementation of Law on Intellectual Property regarding Industrial Property issued by the Ministry of Science and Technology of Vietnam.
- Required documents:
- Authorization letter to object against mark application
- Official request and evidence documents for the reason of objection (IP LEADER will consult specifically and represent your company to object mark application via authorization).
Number of copies: 2 copies.
- Objection procedure:
After receiving the official request of objection to mark application, IP Vietnam shall examine the opinion of the objection party and:
- Make a decision of refusal to grant a protection title for the objected mark if there are sufficient reasons.
- In case more opinions and documents are required, IP Vietnam may announce the objection opinion to the owner of the application and assign a reasonable period for responding in writing. After receiving such a response (if the owner responds), IP Vietnam shall announce the objection party for additional opinions if necessary.
- Time limit:
Generally, the time limit to examine the objection opinion against mark registration application is approximately 06-09 months since the application date.
Customers interested in our Intellectual property-related infringement investigation and handling service please contact us for consultant at:
Hotline: 076 455 2008
Email: info.ipleader@gmail.com
