Effective Trademark Complaint Resolution Regulations

Regulations on resolving complaints related to trademarks

Resolving trademark complaints is crucial for protecting intellectual property rights and ensuring fairness in commerce. Current legal regulations provide detailed guidance on the complaint handling process, from filing to review and decision-making. This article will help you understand the necessary steps to effectively resolve trademark complaints, safeguarding your legal rights in a competitive business environment.

1. General regulations

1.1. Right to complain

The applicant and all organizations and individuals with rights and interests directly related to decisions or notices related to the processing of industrial property registration applications by the state management agency on industrial property issuer has the right to complain to the state management agency on industrial property or initiate a lawsuit in court according to the provisions of the Intellectual Property Law and relevant laws.

1.2. Statute of limitations for complaints

The first complaint must be made within ninety days from the date the person with the right to complain receives or learns of the decision or notice of the processing of the industrial property registration application;

The second complaint is thirty days from the date of expiry of the time limit for resolving the first complaint if the complaint is not resolved or from the date the person with the right to complain receives or learns of the decision to resolve the complaint. first time.

1.3. Complaint procedure

If the time limit for resolving complaints of the level directly issuing the decision or notice related to industrial property (first complaint) expires but the complaint is not resolved or if you do not agree with the decision to resolve the complaint Complaint by this agency, the complainant, person with rights and interests directly related to that decision has the right to complain to the Minister of Science and Technology (second complaint) or initiate a lawsuit in court. . If you disagree with the complaint settlement decision of the Minister of Science and Technology, the complainant and those with rights and interests directly related to that decision have the right to sue in court.

1.4. Complaint records

The content of the complaint must be expressed in a complaint form, which must clearly state the full name and address of the complainant; number, date of signing, content of the notification or decision being complained of; complaint content, arguments, and evidence to support the complaint; make specific proposals for correction or revocation of the relevant notice or decision.

2. File a complaint

2.1. Perform

- Submit the application through an industrial property representative or directly at the National Office of Intellectual Property headquarters and offices in Ho Chi Minh City or Da Nang.

- Via post office.

2.2. Ingredients and quantity of records

- Document components include:

Declaration (02 sheets according to the form);

+ Written explanation of the complaint and evidence to prove the reason for the complaint;

+ Copy of the decision or complaint notice of the National Office of Intellectual Property;

+ Copy of decision to resolve the first complaint (for the second complaint);

+ Power of attorney (if applying through a representative);

+ Proof of payment of fees and charges.

- Number of documents: 02 (sets).

[Article 119a of the Intellectual Property Law; Article 7, Article 8, Article 9, Article 33 of the Law on Complaints; Article 36 Circular 23/2023/TT-BKHCN]