Vietnam Law on Intellectual Property allows any third party to
have right to denounces the opposition of trademark
applications for registration which have identical or
confusingly similar signs.
As from the date an application for registration of mark is
published in the Official Gazette of Industrial Property up until prior to the
date of issuance of a decision on grant of a protection title, the third party
shall express the opposition to the competent State administrative body
including explanations, argument and evidence the opinion. Such opinions must
be made in writing and be accompanied by documents or must quote the source of
information.
Trademark opposition in Vietnam
Opposition to trademark applications plays a great role for the
protection of trademark owner that prevents counterfeiting, duplication,
infringement and trademark registration in contravention of law.
Documents:
01 Power of attorney (as form)
Documents and evidences to prove the opposition bases.
(ANT Lawyers could consult client specifically
and particularly about the evidences and documents).
Opposition procedures
After receiving a disapproval application for registration of
mark, National Office Intellectual Property (NOIP) has a dispatch to answer the
disapproval application within 10 working days from date received a dossier.
NOIP also sends disapproval opinions to owners of application for registration
of mark protection.
Owners of application for registration of mark protection has
opinions about this disagreement and give proofs that the application for
registration of mark protection is suitable with requirement of Intellectual
Property law
NOIP is pursuant to argument, proof and regulation law of parties
for agree or refuse to grant a protection title
Opposition dossier includes:
Disapproval declaration (02 copies following form)
Explanation documents for disagreement of protection title issue
Attachment proofs.
Power of attorney (if an application is filed through
representative of owner’s mark)
Fee, charge vouchers relating disagreement following regulations
in law.
Duration
There is no duration stipulation in Vietnamese law. As our usual,
NOIP will take from 6 months to 9 months to examine.
If you are looking for an experienced IP services in Vietnam to help you with your Trademark
application, you should visit ANT Lawyers.vn. Our attorneys have experience
with the IP process and will work closely with you as you apply for your Trademark in Vietnam.
