Procedure for separating trademark registration application

The procedure for separating trademark registration applications is prescribed as follows:

- Before the Intellectual Property Office issues a decision to refuse to accept the application, to grant or refuse to grant a protection certificate, the applicant may, on his/her own initiative or at the request of the Intellectual Property Office, separate the application. The separate application shall bear a new application number and shall take the filing date of the original application or the priority dates of the original application (if any).

- Split application file includes:

(i) Trademark registration application form, typed according to form No. 08, Appendix I, Decree 65/2023/ND-CP. The trademark registration application form must specifically state the application number and filing date of the original application (Attached form).

(ii) 05 attached trademark samples;

(iii) Document requesting to separate trademark registration application;

(iv) Power of attorney (if the application is filed through an industrial property representative service organization)

(v) Separate application fees and charges are calculated as follows:

- In case the initial application has had the result of application content assessment:

(i) Application fee: 150,000 VND

(ii) Application publication fee: 120,000 VND

- In case of separating the list of products and services for the initial application without the result of application content assessment:

(i) Application fee: 150,000 VND

(ii) Application publication fee: 120,000 VND

- In case of separating a trademark sample for an initial application that has not yet had the results of the application content examination, the applicant must pay the same fees and charges as for the initial new application.

- For the original application, the applicant must carry out the procedure to amend the application, the Intellectual Property Office shall publish the content of the application division. The application amendment dossier includes:

(i) Application form for amendment of industrial property registration application, typed according to form No. 04 Appendix II of Decree 65/2023/ND-CP;

(ii) Document requesting to separate trademark registration application

(iii) Fee for examination of request for amendment (VND 160,000); Publication fee (VND 120,000) in case the original application has a Decision accepting the valid application.

- Processing time: the divisional application is examined on form and continues to be processed according to the procedures that have not been completed for the original application.

- Application form:

Applicants can choose to submit a paper application or submit an online application via the Intellectual Property Office's online public service portal, specifically:

(i) Paper application form

Applicants can submit a split application directly or via postal service to one of the application receiving points of the Intellectual Property Office, specifically:

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

- Representative office of the Department 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 split application by post, the applicant needs to transfer money via postal service, then photocopy the Money Transfer Receipt and send it with the application to one of the above-mentioned application receiving points of the Intellectual Property Office to prove the amount of money paid.

(Note: When transferring fees to one of the above application receiving points of the Intellectual Property Office, the applicant must send the application via post to the corresponding application receiving point).

(ii) Online application form

- Conditions for submitting an application 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 Intellectual Property Office to carry out IP registration transactions.

- Procedure for submitting an online application: The applicant must declare and submit a separate application on the Online Application Receiving System of the National Office of Intellectual Property. After completing the declaration and submitting the application on the Online Application Receiving System, the System will send 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 transaction hours to present the Confirmation of Online Document Submission and accompanying documents (if any) and pay the prescribed fees/charges. If the documents and fees/charges are complete as prescribed, the officer receiving the application will issue an application number to the Declaration on the Online Application Receiving System and vice versa, if the documents and fees/charges are not complete as prescribed, the application will be rejected. In case the Applicant fails to complete the application procedure as prescribed, the online document will be cancelled and a Notice of Online Document Cancellation will be sent to the Applicant on the Online Application Receiving System.

[Article 17 of Decree 65/2023/ND-CP]

The declaration form is specified in the Appendix attached to Decree No. 65/2023/ND-CP.