Trademark is the priceless asset of a company because of
being used to distinguish goods or services of different organizations or
individuals. Many international companies have found that others have registered trademark protection in Vietnam at National Offices of Intellectual
Property (NOIP).
Because trademark is protected independently in each nation, it
is easy for violators to abuse trademarks of other well-known companies
for their interests in Vietnam. This could potentially put the real trademark
owner’s under challenges when the clients or customers realize the product
bearing the trademark they trust do not meet the standard they expected.
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Opposition Procedures of Trademark in Vietnam
In Vietnam, after detecting their infringement
registration process, you should submit an opposition notice to NOIP in
Vietnam to prevent the violating trademark registration. To ensure your
opposition shall be effective, you should enclose evidences and related
documents.
With highly professional staff and great
experience in IP aspect in Vietnam, ANT Lawyers, a qualified attorney and
registered IP agent, could support you in opposition procedure of trademark in Vietnam.
Deadline for filing an opposition to a
trademark application in Vietnam
The deadline for filing an opposition to a trademark application
in Vietnam is stipulated particularly in the IP Law.
According to IP Law of Vietnam, during examination of trademark applications
as from the date when a trademark application is published on the Industrial
Property Official Gazette until prior to the date of decision on granting
Certificate of trademark registration, an opposition request should be filed to
the NOIP. Such request will not be accepted by the NOIP for handling if it is
filed after the date of decision on granting trademark registration. However,
under our current practice, the applicant could request for an acceleration
examination, shorter than provided period of 09 months. Therefore please be
noted that possible opposition should be filed as soon as possible.
Requirements
Pursuant to the IP Law, foreign opponents are not allowed to
file opposition request directly at the NOIP but must authorize a lawful IP
representative in Vietnam to proceed with such action based on a required
original Power of Attorney (POA). Under current practice in Vietnam, a
copy of POA may be acceptable for filing opposition and the original one could
be filed later. However, the NOIP will not consider the opposition until the
original POA is filed and all formality requirements are satisfied.
Trademark opposition Procedure in Vietnam
The opposition request must be in written form and the source of
its accompanied supporting materials (if any) must be specified.
A possible opposition will be considered at the time of the
trademark application’s examination as to substance.
As a general procedures, within 01 month (in fact, the time can
extend to 02-04 months) as from the receiving date of our opposition, the NOIP
will consider and then may convey its contents to the Applicant and fix about
01 month for them to present opinions. After receiving response of the
Applicant (if they submit), the NOIP will inform and give the Opponent 01 month
for filing response, submission of opinions.
In some cases, the NOIP may give conclusion upon consideration
of opposition without conveying its contents to the Applicant if they think
that it is clear enough to conclude. It is possible for the NOIP to organize
conversation between the Opponent and the Applicant, upon request of the two
parties, to clarify the matter (if necessary).
Upon considering the evidences submitted by
the two parties, the NOIP will make a decision to accept opposition or not.
If
you are looking for an experienced IP services in Vietnam to
help you with your IP application, you should visit ANTLawyers.vn. Our
attorneys have experience with the IP process and will work closely with you as
you apply for your IP.
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