Procedures for amending trademark registration applications in Vietnam

1. Procedures for amending trademark registration applications

- Before the Intellectual Property Office issues a Decision to refuse to accept a valid application, a Decision to refuse to grant a protection title or a Decision to grant a protection title, the applicant can take the initiative or at the request of the Department. Intellectual property amendment application.

- Dossier for amending the application includes:

(i) Declaration requesting amendment of industrial property registration application, typed according to form No. 04 Appendix II of Decree 65/2023/ND-CP (Form attached).

(ii) Legal documents proving the amendment [Particularly for requests to amend the content of a trademark registration application, the applicant must submit the corresponding amended document along with a detailed version of the amended content. Changes compared to the original documents submitted, specifically: 05 trademark samples, list of goods and services bearing the trademark. At the same time, the amendment must not expand the scope (volume) of protection already disclosed in the application];

(iii) Power of attorney (if the request to amend the application is submitted through an industrial property representation service organization);

(iv) Fee for appraisal of request for amendment of application (160,000 VND/01 content of request for amendment), Fee for publication (120,000 VND/01 request for amendment in case the industrial design registration application has already had a Decision decide to accept a valid application).

- The request to amend the application is submitted after the notice of intention to grant a protection title and payment of fees and charges in the case of amending information related to the nature of the subject matter stated in the application (specifically, the trademark sample). , list of goods and services bearing the mark, regulations on using collective marks, regulations on using certification marks), the application must be re-examined and an appraisal fee will be collected for each subject (550,000 VND/ 01 group).

- Time limit for considering requests to amend trademark applications: 02 months

- Application form:

Applicants can choose to submit a paper application or submit an online application through the online public service portal of the National Office of Intellectual Property, specifically:

(i) Paper application form

The applicant can submit a request to amend the application directly or via postal service to one of the application receiving points of the National Office of Intellectual Property, specifically:

- Head office of the Department of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.

- Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: No. 31 Han Thuyen, Ben Nghe Ward, District 1, Ho Chi Minh City.

- Representative office of the Department of Intellectual Property in Da Nang city, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.

In case of submitting a request to amend an application by post, the applicant needs to transfer money through the post office service, then photocopy the Money Transfer Receipt and send it along with the application file to one of the application receiving points. mentioned above by the National Office of Intellectual Property to prove the amount paid.

(Note: When transferring fees and charges to one of the above application receiving points of the National Office of Intellectual Property, the applicant needs to send the dossier via corresponding post office to that application receiving point).

(ii) Online application form

- Conditions to apply online: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System and have their account approved by the National Office of Intellectual Property to carry out transactions. Translation of industrial property rights registration.

- Online application procedure: The applicant needs to declare and submit a request to amend the application on the online application receiving system of the National Office of Intellectual Property, after completing the declaration and submitting the application above. The system receives online applications. The system will return to the applicant a Confirmation of online document submission. Within 01 month from the date of submitting the online application, the applicant must go to one of the application receiving points of the National Office of Intellectual Property on working days during business hours to present the Confirmation of documents submitted online. route and accompanying documents (if any) and pay fees/charges as prescribed. If the documents and fees/fees are complete as prescribed, the application receiving officer will issue the application number to the Declaration on the Online Application Receiving System. If the documents and fees/fees are insufficient as prescribed, application will be refused. In case the Applicant does not complete the application procedure as prescribed, the online documents will be destroyed and a Notice of Cancellation of Online Documents will be sent to the Applicant on the Online Application Receiving System.

[Article 115.3, Article 119.4 of Intellectual Property Law; Article 16.3.d Decree 65/2023/ND-CP].