The holder of a protection title may request the IPVN to record changes in that protection title in the following cases: change in the name or address of the protection title holder; change of the protection title holder (transfer of ownership on the ground of inheritance, succession, merger, separation, split-up, joint venture, association or establishment of a new legal entity under the same owner, transformation of the business operation, or under a decision of a competent state agency...).
Record of changes related to information on industrial property representation service organizations on National Register of Industrial Property.
A request for narrowing of the protection coverage: request for modification of some details without any substantial change in the mark specimen stated in the certificate of registered mark; request for exclusion of one or several goods or services or groups of goods or services from the list of goods or services.
- A written request for amendment or change of holders of protection titles comprises the following documents:
+ Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 01/2007/ TT-BKHCN;
+ Original protection title;
+ Documents certifying the change of the name or address (the originals or notarized copies of the decision on rename or change of address; the business registration certificate that records the name or address change; other documents of legal validity evidencing the name or address change) in case the content requested to be modified is such name or address;
+ Documents evidencing the inheritance, succession, merger, separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency;
+ Documents explaining in detail the modified contents;
+ 05 identical mark specimens (modification of the mark specimen);
+ 02 Regulations on use of collective marks and certification marks (modification of the regulations on use of collective marks and certification marks);
+ Power of attorney (if the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
- The time limit: IPVN shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.
In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for trademarks not exceeding 06 months.
In complicated cases, the time limit for re-examination must be extended. However, it must not exceed the time limit for examination of applications for establishment of rights.
- Result: If the request is considered valid, the IPVN shall issue a decision on amendment of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall issue a decision on its rejection of the request for protection title amendment.
Return (if any) the certificate that have been recorded for amendment to the owner.
- Fees and charges:
+ Fee for examination request for amendment or change of holders of protection titles
+ Fee for publication of decision of amendment or change of holders of protection titles
+ Fee for recording decision of amendment or change of holders of protection titles into the National Register of Industrial Property
- Fee for a re-examinationin case narrowing of the protection coverage