Resolve complaints related to trademarks in Vietnam

1. Accept complaints

a) Within 10 days from the date of receipt of the complaint, the person competent to resolve the complaint must check the complaint according to formal requirements and issue a written notice to the complainant about the complaint. Whether the application is accepted or not, including the date of acceptance of the application or clearly stating the reason for not accepting the application.

b) The complaint will not be accepted if it falls into one of the following cases:

(i) The subject of the complaint is not the official decisions or notices specified in Clause 2, Article 35 of theCircular No. 23/2023/TT-BKHCN;

(ii) The complained decision, notification, or action is not directly related to the legitimate rights and interests of the complainant;

(iii) The complaint is not submitted in accordance with the provisions of Clause 2, Article 36 of the Circular 23/2023/TT-BKHCN;;

(iv) The complaint is filed outside the prescribed statute of limitations, except for the cases specified in Clauses 3 and 4, Article 15 of Decree No. 65/2023/ND-CP;

(v) The complaint has a decision to resolve the second complaint;

(vi) The complaint has been accepted by the Court or has been resolved by a judgment or decision of the Court, except in cases where there is a decision to suspend the resolution of the administrative case by the Court;

(vii) The complainant continues to complain after the 30-day period has expired from the date of the decision to suspend the resolution of the complaint according to the provisions of Article 10 and Clause 8, Article 11 of the Law on Complaints;

(viii) The complaint does not indicate illegal elements of the decision, notice, or act complained of and only requests amendments and supplements to the complaint that is the subject of that decision or notice.

(ix) Complaints against notices, administrative decisions, and acts related to industrial property objects within the scope of state secrets.

c) If the complainant does not pay the appraisal fee in cases where re-evaluation is required to resolve the complaint according to the notice of acceptance of complaint settlement specified in item (ii) point a of this clause, the complaint Complaints are resolved on the basis of documents in the file.

2. Related parties

a) For accepted complaints, the person with authority to resolve the complaint shall notify in writing the content of the complaint to the person with directly related rights and interests ("relevant party") and print the complaint. set a time limit of 01 month from the date of notification for that person to give their opinion.

b) Relevant parties have the right to provide information and evidence to prove their arguments within the time limit stated in point a above. The person with authority to resolve the complaint is responsible for reviewing the information and evidence. when resolving complaints.

c) The person resolving the complaint shall notify in writing the content of the opinions of the relevant parties and set a period of 02 months from the date of notification for the complainant to respond to the opinions of the relevant parties;

d) If at the end of the set time limit one party has no opinion, the complaint will be resolved on the basis of the documents contained in the complaint, including documents expressing the other party's opinion.

3.3. Decision to resolve complaints

a) Based on the arguments and evidence of the complainant and related parties, the person with authority to resolve the complaint must issue a decision to resolve the complaint within the time limit for resolving the complaint according to the provisions of law on complaints. complaint.

b) Before making a decision to resolve the complaint, the person with authority to resolve the complaint shall notify the complainant and related parties of the other party's arguments and evidence used to resolve the complaint as well as Complaint resolution conclusion.

c) The decision to resolve complaints must contain the contents according to the provisions of law on complaints.

3.4. Announcement

The complaint settlement decision is published on the electronic information portal of the complaint settlement agency within 15 days and the Industrial Property Official Gazette within 02 months from the date of signing the decision.

3.5. Effect of complaint settlement decision

a) The decision to resolve the first complaint of the Director of the National Office of Intellectual Property takes legal effect after 30 days from the date of signing if the complainant does not file a second complaint; For remote and remote areas with difficulty in traveling, the time limit may be longer but must not exceed 45 days;

b) The decision to resolve the second complaint of the Minister of Science and Technology takes legal effect 30 days after the date of signing; For remote and remote areas with difficulty in traveling, the time limit may be longer but must not exceed 45 days.

[Article 27 of the Law on Complaints; Article 119a.1 Intellectual Property Law; Article 38, Article 39, Article 40 Circular 23/2023/TT-BKHCN]