With the exception of values such as: the revenue, productivity, property,… trademark is considered to be the most intangible value to each enterprise. So why it is important to register your trademark? What documents do the foreign investors need for registering trademark according to Vietnamese legal?
1. The advantages of registering trademark?
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others
Almost all businessman suppose that only famous brand need to register trademark. However, it brings about huge benefits for each company
First and foremost, registering helps your products, services to be protected by law. Means that, only you are able to use the trademark in the territory in which it is registered. Should someone else try and cash in on your mark, you can sue them for trademark infringment. By contrast, if you do not carry out registering your trademark, other companies could take your trademark to serve their business activities. As a result, it impacts on your reputation and image that you are creating.
Secondly, you would boost your products or services by using your registered trademark to appeal more customer.
Thirdly, other than giving you legal protection (when registered); your trade mark also prevents confusion in the marketplace. It tells your customers who you are, and where to return to if they like your product. That’s why it’s such a valuable and important marketing tool; it sets you apart from your competitors
2. Procedure for trademark registration
a. Who can submit documents for trademark registration
Individuals, organizations and businesses, which includes:
- Vietnamese individuals, organizations and businesses
- Foreign individuals and organizations
Vietnamese individuals, organizations and businesses could submit by themselves or through intellectual property representatives. Foreign individuals and organizations who want to register trademark in Vietnam have to submit through intellectual property representatives
b. Procedure for looking up and registering trademark
Step 1: Look up trademarks
Customers send sample mark and products or services list to ICT International Law Firm to look up and assess the ability to register that trademark
Step 2: Submit documents for trademark registration
Customers could turn in documents by themselves directly to Department of Intellectual Property or delegate power to ICT International Law firm to perform trademark registration on behalf. There are some documents you have to prepare:
- Two trademark registration declarations
- Five sample marks (five sample marks attached are identical to the mark stuck on declarations)
- Receipt of fees and charges
Besides, Customers have to prepare some documents (if necessary)
- Letter of authorization (in case Customers turn in through delegating power to ICT International Law firm
Department of receiving and processing documents: Department of Intellectual Property. Address: 386 Nguyễn Trãi, Thanh Xuân District, Hanoi City.
The duration of processing trademark registration documents
Tradmark registration application shall be considered in the following steps from the date of the receipt by Department of Intellectual Property:
Form assessment: 01 month
Promulgating application: within 2 months from the date the application have been approved
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