After filing of the application for a Vietnam trademark registration, applicants might wish to transfer theirs application to others.
There are many reasons for this but most of them derives from practical business activities and development needs of market, and society.
For instance, two subjects transfer the application to each other for profit purpose; individual wants to set up an enterprise in the future and register a trademark as individual and then transfer the application to the legal person to get early the priority date; at the moment, individuals are unqualified to be applying in applicants’ name then individuals have others to do in application, in the appropriate time, and when the individuals are qualified according to statutory, they would implement the procedure of transfer the application.
Transfer of application for a mark registration is implemented on voluntary basis between the parties or decision of the competent authority and shall be presented in the form of a written contract.
However, owner of application is only allowed to transfer application at the following times: before National Office of Intellectual Property of Vietnam makes a decision on refusing to accept the application, decision on issuing or refusing to issue protection titles.
If one of the parties in contract transfers application for transfer registration after the time mentioned above, that application shall not be accepted.
Necessary documents when implementing the procedure of transfer of application for a trademark registration include:
-Transfer contract: Contract must show name and address of transferor and transferee; the number of transferred applications or sufficient information to determine that application;
-Declaration for registration of transfer;
-Power of attorney.
According to regulations, duration of examining application for transfer registration is 2 months from the date of submission the application.
However, this duration can be faster or slower, depending on the workload of National Office of Intellectual Property at the time the application is examined.
IP Attorney at ANT Lawyers, a licensed IP agent in Vietnam shall be providing the advice to client to help the clients evaluate and file Vietnam trademark registration and other IP related services.
We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.
If the Client would like to know more about information and to be consulted about matters relating to transfer of application for a mark registration, please contact Intellectual Property department of ANT Lawyers, the trademark attorney in Vietnam.
How ANT Lawyers Could Help Your Business?
You could learn more about ANT Lawyers IP Practice or contact our IP attorneys in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529
Foreign companies entering Vietnam's thriving market face unique legal questions, especially around employing local talents.…
On October 3, 2024, Thailand’s Department of Foreign Trade (DFT) had officially launched an anti-dumping…
On September 25, 2024, the Ministry of Industry and Trade officially initiated an anti-dumping investigation…
The Weinstein International Foundation (WIF) has officially launched the 2024 International Mediation Writing Competition (IMWC2024).…
In recent years, Vietnam has continuously enhanced its legal framework to meet the demands of…
Vietnam’s dynamic economic growth and hot real estate market have drawn the attention of investors…