In the process of doing business, all organizations and individuals want to protect their trademarks. However, in the process of trademark registration, many applications for trademark protection certificates have been rejected.
PROCEDURES FOR TRADEMARK PROTECTION REGISTRATION
In the process of business, most companies pay attention to building exclusive trademarks to compete with competitors. Thus, the registration of trademark protection at the National Office of Intellectual Property is an option many people choose to protect their trademark monopoly in business. After complete and valid dossiers are submitted at the National Office of Intellectual Property, they will go through two appraisal stages:
- Appraisal of the formality: appraisal time is 01 month.
- Appraisal of the content: The appraisal time is 09 months from the date of publication of the dossiers.
Due to the excessive number of dossiers, the actual time for obtaining the Certificate of Trademark Registration is approximately 16 – 18 months.
THE DECISION TO REFUSE TO GRANT TRADEMARK PROTECTION CERTIFICATES
Depending on each application for trademark registration, the National Office of Intellectual Property shall make decisions regarding each application:
- Deciding to accept the application dossier;
- Announcing the intent to award Certificates;
- Announcing the intent to refuse to award Certificates;
- Deciding to refuse to grant trademark protection certificates.
After waiting for a long time, it is undesirable to know that our application for trademark registration is rejected. Still not accepted by the National Office of Intellectual Property after submitting a letter of explanation, the petitioner may lodge a Complaint against the decision to refuse to grant the trademark protection certificate. As regulated by law, within 90 days from the date of signing the decision, the petitioner has the right to lodge a complaint. However, the petitioner should consider if the decision to refuse to grant the trademark protection certificate is legitimate or not. If the decision of the National Office of Intellectual Property is legitimate, the complaint will cost the petitioner a lot of time and money.
IN ORDER NOT TO BE REFUSED TO BE GRANTED TRADEMARK PROTECTION CERTIFICATES
In order to avoid being refused to be granted the trademark protection certificate, the petitioner must ensure the following matters:
- Ensure that the trademark satisfies the conditions of protection under the Intellectual Property Law.
- Look up at the Digital Library of the National Office of Intellectual Property to see if there is any organization or individual who has registered this business;
- File the application dossier accurately;
- Always keep track of the application process and all documents related to the application during the 16-18 month period.
- Submit a letter of explanation in case the application for trademark registration is rejected.
Therefore, in order to avoid being denied trademark protection certificates, trademark owners should consult legal experts on intellectual property in order to select the suitable solutions. In addition, trademark owners should authorize representative organizations to register trademarks. Thus, legal professionals will help you save time and effort as well as avoid potential risks.
PHAN LAW VIETNAM
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Email: info@phan.vn
