1. Procedure for amendment of trademark applications
- Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, the applicant may amend of the application on his/her own initiative or upon the request of the IPVN.
- A request for application amendments includes:
(i) 02 declarations requesting application amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
(ii) Documents certifying the change of the application [In response to a request for amendment or supplementation of the trademark registration applications, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents, specifically: 05 identical mark specimens, list of goods and services bearing the mark. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the application];
(iii) Power of attorney (in case the request is filed through a representative);
2. Procedure for transfer of trademark applications
- Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may request the IPVN to record the transfer of his/her application to another person.
- A request for application transfer includes:
(i) 02 declarations requesting application transfer (according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN);
(ii) Documents proving that the transferee satisfies the requirement on the right of registration (must include the following principal contents: full names and addresses of the assignor and the assignee; the “serial number of the application assigned” or information sufficient to identify the application);
(iii) Power of attorney (in case the request is filed through a representative);
3. Procedure for division of trademark applications
- Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may divide, on his/her own initiative or upon the request of the IPVN, his/her application. A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any).
- A request for application division includes:
(i) 02 Declaration for registration which are typed according to form No. 04-NH Appendix A of Circular No. 01/2007/TT-BKHCN, in the declaration forms of divisional application, the serial numbers of parent applications (original application) and date of filing of the parentapplication must be specified;
(ii) 05 identical mark specimens;
(iii) Documents request in writing, proposal for dividetrademark application;
(iv) Power of attorney (in case the request is filed through a representative);
(v) For each divisional application, the applicant shall pay all fees and charges for procedures.
* In case the elements in the trademark are divided into divisional applications and parent application has not yet had the result of substantive examination of applications, the applicant shall pay all fees and charges for procedures carried out independently from the parent application for each divisional application.
- Parent applications shall be amended and the divisional content should be published by IPVN. A request for application amendments includes:
(i) 02 declarations requesting application amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
(ii) Documents certifying the change of the application;
(iii) Fee for application amendments request and the fee for publication (for application amendments in case the application has been accepted as a valid application).
- The time limit for processing a divisional application: Divisional applications are subject to formality examination and shall be further processed according to the procedures not yet completed for their parent applications.