What Situations Leading to Refusal to Grant of Protection Titles to Patent, Industrial Design, Trademark and Geographical Indication?

When applicant applying for registration of a patent, industrial design, trademark and geographical indication, in some cases, National office of Intellectual Property in Vietnam (NOIP) may refuse to grant their protection titles.

In which cases, the above registration will be refused?

According to the Law on Intellectual Property, the application for registration of a patent, industrial design, trademark and geographical indications will be refused to grant protection title if they fall into the following cases:

-There are grounds to affirm that the subject matter stated in the application does not fully satisfy the conditions for protection;

-The application satisfies the conditions for the grant of a protection title but does not have the earliest filing date or priority date. In detail, two or more applications for registration are filed by different parties for the same invention, for registration of industrial designs identical with or insignificantly different from each other, for registration of marks identical with or confusingly similar to each other, or for identical or similar goods or services, a protection title may only be granted to the valid application with the earliest priority or filing date amongst applications which satisfy all conditions for the grant of a protection title.

-The application falls into the following case but fail to have the consensus of all applicants: there are two or more applications satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, a protection title may only be granted to a single application from such applications with agreement from all applicants. Without such an agreement, all such applications shall be refused the grant of a protection title.

In those above cases, NOIP will conduct the following procedures:

-Notify an intended refusal to grant a protection title, clearly stating the reasons and setting a time-limit for the applicant to make an objection to such intended refusal;

-Notify the refusal to grant a protection title if the applicant makes no objection or makes unjustifiable objection to such intended refusal as mentioned above;

-Grant a protection title and record it in the National Register of Industrial Property if the applicant has made a justifiable objection to the intended refusal as mentioned above.

If the client needs help with handling such complaint, our intellectual property attorney at ANT Lawyers will be of help.

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