Process and procedures for registration of intellectual property logo

CÔNG TY LUẬT TNHH MỘT THÀNH VIÊN BẢN LUẬT
CHUYÊN NGHIỆP - TRÁCH NHIỆM - UY TÍN

Hotline:

028 3620 5669
0909 137 477

News & Events

Process and procedures for registration of intellectual property logo
Intellectual property registration logo is one of the procedures that intellectual property owners are interested in. Logo registration with the National Office of Intellectual Property, means the exclusive registration of trademarks in accordance with the legal language. The agency that issues certificates and records about the protection of trademarks and logos is the Intellectual Property Department. To help readers understand more about this process, please read the same article below:

What is NOIP logo registration?

The Intellectual Property Department is the agency that grants exclusive certificates to trademarks, recognizing the protection of trademarks (also known as logos, trademarks). On the basis of an applicant for a logo intellectual property registration and claim protection in their respective field.

Most businesses are aware of the importance of using trademarks to distinguish their products from those of other businesses. But not all businesses are aware of the importance of trademark protection through registration. However, the business does not foresee that the logo has been pre-registered by another third party or is exclusively licensed for the same or possibly similar to their product line or line of business.

Register the logo of the National Office of Intellectual Property, simply understand the exclusive registration of the trademark according to the legal language. The agency that issues certificates and records the protection of trademarks and logos is the Intellectual Property Department.

Steps to register the NOIP's logo

To ensure quick registration, the steps to register an NOIP logo are as follows:

Step 1: Determine the method and look up logo registration capabilities

Identifying a logo for design and searching registration capability is an important stage in logo registration at the NOIP. Accordingly, the logo when registered can include letters, pictures or a combination of both pictures and words. The owner has a design or cannot design to create a distinctive signature of his logo. In order to distinguish it from other parties in the same field of activity.

Logo owners should conduct a logo lookup prior to submitting an application. To avoid duplication or similarity with the parties that have made a previous registration. The search not only looks up on the Iplib site but also needs in-depth lookup on many other international data systems. To improve the ability of trademark registration in the most optimal and effective way. Search data http://iplib.noip.gov.vn is open data, all related parties can look up. However, due to the process specified by the NOIP. This data update is not regular but from about 3 or 4 months. This data has just been updated, so the search data from this website is not really accurate, it is only for reference.

Step 2: Identify the sectors you want to monopolize and classify the domain

Determination of monopoly sector is the determination of the scope of protection of the trademark in the domain. Which the owner is active or aiming for. This monopoly field may be within the current business or in the future in which the business wants to invest. Accordingly, the owner should consider a wide range of registration, since the addition of trademark protection coverage is not as complementary as it is in a business line. Accordingly, a completely new application process must be approved. If the scope of products and services when filing an intellectual property registration application, the NOIP's logo does not belong to the same registration.

Step 3: Determine whether the registered owner should be a corporate or an individual

With logo registration at the NOIP, the owner should determine whether the subject under whose name is registered is a company or an individual. In general, any owner intends to use the trademark. Or a third party must submit an application. That person can be a legal person or an individual without the difference of interest between the parties.

However, we want you to note, if a business is not yet established but the owner wants to establish rights and ensure priority for logo registration. Owners can register as an individual, to avoid having another party pre-register.

Step 4: Authorization through industrial property representation organizations

Authorization to register intellectual property logo NOIP is necessary. This is because an industrial property agent (such as a Luat company) is a recognized entity, and is strictly regulated by law in the operation and work between customers and the agency. authorization.

Business will be guaranteed benefits when registering to log. Through the institutions: submit and track the status of the application; consulting on the possibility of trademark registration; to handle registration applications when there are any problems in form or content when the NOIP evaluates marks.

In addition, when the business has problems related to the ownership of its logo and trademark. With legal or practical experience, enterprises can completely trust the advice that this representative gives.

Step 5: Submit the application and wait for the appraisal result:

When authorizing through industrial property representative organizations to execute logo intellectual property registration application at the NOIP. Businesses just need to wait for the results and receive updates on application status after the results are available. Accordingly, the enterprise does not need to sign any papers other than a power of attorney for this representative organization.

At the stage of receiving appraisal results, the trademark owner will be granted an exclusive certificate by the NOIP for the registered trademark and product or service in case the trademark is eligible. recorded protection.

Time to register for the NOIP's logo

The time for logo registration under the Intellectual Property Law is about 12 months. Includes 3 main evaluation phases: formality evaluation, publication in the Official Gazette, and final content evaluation.

However, due to the increasing number of applications for appraisal at the Department. So, actual logo assessment time is often longer than specified. Accordingly, the assessment period is usually 20-26 months from the date the logo is filed with the NOIP.

Examination of the content after 20-26 months will determine whether the trademark is accepted for protection or not approved for protection.

Term of protection and scope of protection

Logo when registered for protection at the NOIP has a term of protection of 10 years. The owner can renew it repeatedly, until there is no need to continue using it. It may even be transferred to another party through registration of an assignment contract at the NOIP.

The scope of protection of the logo when accepted for protection at the National Office of Intellectual Property is within the country that has been registered. If the owner wishes to be protected in any country, the owner needs to apply either directly in that country or through an international agreement to which Vietnam and that country are a member.

Above is the step-by-step registration of logo intellectual property at the National Office of Intellectual Property that we give to businesses to understand and consider before deciding to register a logo. Ensuring the legitimate rights of owners with intellectual property that are of interest to other businesses and society.

Other post

Intellectual property rights and information you need to be aware of

Intellectual property rights and information you need to be aware of

Principle of "exclusive use" of intellectual property rights is understood that only the owner of the license to use intellectual property rights, if another subject wants to use it.
20 lines of business are monopolized by the state

20 lines of business are monopolized by the state

Enterprises are free to do business in all sectors and trades that are not prohibited by law. However, there are now 20 industries that the State monopolizes business,
Ho Chi Minh City unexpectedly checks the place to receive administrative records

Ho Chi Minh City unexpectedly checks the place to receive administrative records

The People's Committee of Ho Chi Minh City has just decided to issue a plan to inspect the administrative reform situation in 2019. Vice Chairman of Ho Chi Minh City People's Committee Tran Vinh Tuyen will be...
CÔNG TY LUẬT TNHH MỘT THÀNH VIÊN BẢN LUẬT

Address: 213 (3rd floor) Chu Van An, Ward 26, Binh Thanh District, HCM City

Tel: 028-36205669 - Hotlines: 0909.137.477 - 0903.017.457

Email: luatsutranhuutuan@gmail.com

Website: www.banluatlawfirm.vn

Receive news
Facebook Twitter Skype    99295 Online : 4
© Copyright 2020 ban luat law firm - Designed by Viet Wave

Hotline