Opposition of Applications for Registration of the Mark Protection in Vietnam

Vietnam Law on Intellectual Property allows any third party to have right to denounces the opposition of trademark applications for registration which have identical or confusingly similar signs.

As from the date an application for registration of mark is published in the Official Gazette of Industrial Property up until prior to the date of issuance of a decision on grant of a protection title, the third party shall express the opposition to the competent State administrative body including explanations, argument and evidence the opinion. Such opinions must be made in writing and be accompanied by documents or must quote the source of information.

 

Trademark opposition in Vietnam

Opposition to trademark applications plays a great role for the protection of trademark owner that prevents counterfeiting, duplication, infringement and trademark registration in contravention of law.

Documents:

01 Power of attorney (as form)

Documents and evidences to prove the opposition bases.

(ANT Lawyers could consult client specifically and particularly about the evidences and documents).

Opposition procedures

After receiving a disapproval application for registration of mark, National Office Intellectual Property (NOIP) has a dispatch to answer the disapproval application within 10 working days from date received a dossier. NOIP also sends disapproval opinions to owners of application for registration of mark protection.

Owners of application for registration of mark protection has opinions about this disagreement and give proofs that the application for registration of mark protection is suitable with requirement of Intellectual Property law

NOIP is pursuant to argument, proof and regulation law of parties for agree or refuse to grant a protection title

Opposition dossier includes:

Disapproval declaration (02 copies following form)

Explanation documents for disagreement of protection title issue

Attachment proofs.

Power of attorney (if an application is filed through representative of owner’s mark)

Fee, charge vouchers relating disagreement following regulations in law.

Duration

There is no duration stipulation in Vietnamese law. As our usual, NOIP will take from 6 months to 9 months to examine.

If you are looking for an experienced IP services in Vietnam to help you with your Trademark application, you should visit ANT Lawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your Trademark in Vietnam. 

 

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What is the complete procedure to apply for a trademark opposition?

As from the date an application for registration of mark is published in the Official Gazette of Industrial Property up until prior to the date of issuance of a decision on grant of a protection title, the third party shall express the opposition to the competent State administrative body including explanations, argument and evidence the opinion. Such opinions must be made in writing and be accompanied by documents or must quote the source of information.

Opposition to trademark applications plays a great role for the protection of trademark owner that prevents counterfeiting, duplication, infringement and trademark registration in contravention of law

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Trademark Opposition in Vietnam

You can file a Trademark opposition against any Trademark application published in the Trademark Journal during the 3 months period when it is kept open for opposition from the general public.

You can file a Trademark opposition on your own if you have the knowledge of applicable laws, know under what provisions the Trademark needs to be opposed, can draft the opposition petition on your own and know what legal documents are required for the same.

Coming to the procedure of filing a Trademark opposition, a trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party.

A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

A trademark opposition is filed in the form of a Notice of Opposition that lays down the grounds on which the application is challenged. It is attached with the evidence that proves why the Trademark application flouts any legal norms or violates an existing Trademark.

Documents Required To File A Trademark Opposition

The copy of Trademark to be opposed.

The reason for opposition.

The Notice of Opposition i.e. the application opposing the mark published in the journal is drafted (it is suggested that you hire a lawyer for the same to avoid any omissions or errors). The Notice of Opposition is sent to the Registrar first, who will examine it and then send it to the applicant.

The Trademark applicant gets 2 months(1+1) to file a counter-statement against the opposition received.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

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What kinds of things can you trademark?

There are many things that you can use to represent your goods or services. These marks of your trade: “Trademarks” can either be conventional or unconventional.

Trademark opposition in Vietnam 

1.Conventional trademarks: Convention means generic means common means general. Following are the conventional trademarks:

a.A word

When a word is used as a trademark, it is called a Wordmark. For example, coca cola is a word mark. Any kind of word can be trademarked. However, the following words cannot be:

-Descriptive names

-Deceptive names

-Generic names

-Offensive names

b.A logo

A special design word or an image can be a logo. For example, while coca cola is a work mark registered as a trademark, Coca Cola, on the other hand, is a logo.

c.A symbol

Have you ever seen the symbol of Pepsi- a circle divided into by a twice curved line in between, with the upper half red and the lower half blue in colour? It is a symbol, and yes, it is trademarked.

d.Colour combination

You can also trademark a specific colour combination if you want.

e.A device can be trademarked

 Logos or symbols are basically devices that you can trademark.

2.Unconventional trademarks

Unconventional means uncommon means not generic. They are trademarks that are not common and were only recently introduced.

a.Sound pattern:

A specific pattern of sound can be trademarked. Windows theme, the one that is so familiar to you, is a trademarked theme.

b.Smell:

A specific smell can be trademarked as well. Most of the perfumes are trademarked.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Source: Quora

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What is the complete procedure to apply for a trademark opposition? How can I apply myself?

A trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party. A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

Trademark opposition in Vietnam

You can file a Trademark opposition against any Trademark application published in the Trademark Journal during the 3 months period when it is kept open for opposition from the general public.

You can file a Trademark opposition on your own if you have the knowledge of applicable laws, know under what provisions the Trademark needs to be opposed, can draft the opposition petition on your own and know what legal documents are required for the same.

Coming to the procedure of filing a Trademark opposition, a trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party.

A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

A trademark opposition is filed in the form of a Notice of Opposition that lays down the grounds on which the application is challenged. It is attached with the evidence that proves why the Trademark application flouts any legal norms or violates an existing Trademark.

Documents Required To File A Trademark Opposition

-The copy of Trademark to be opposed.

-The reason for opposition.

The Notice of Opposition i.e. the application opposing the mark published in the journal is drafted (it is suggested that you hire a lawyer for the same to avoid any omissions or errors). The Notice of Opposition is sent to the Registrar first, who will examine it and then send it to the applicant.

The Trademark applicant gets 2 months(1+1) to file a counter-statement against the opposition received.

ANT Lawyers -  Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

Source: Quora

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Opposition Procedures of Trademark in Vietnam

Trademark is the priceless asset of a company because of being used to distinguish goods or services of different organizations or individuals. Many international companies have found that others have registered trademark protection in Vietnam at National Offices of Intellectual Property (NOIP).

Because trademark is protected independently in each nation, it is easy for violators to abuse trademarks of other well known companies for their interests in Vietnam. This could potentially put the real trademark owner’s under challenges when the clients or customers realize the product bearing the trademark they trust do not meet the standard they expected.

Trademark opposition in Vietnam 

In Vietnam, after detecting their infringement registration process, you should submit an opposition notice to NOIP in Vietnam to prevent the violating trademark registration. To ensure your opposition shall be effective, you should enclose evidences and related documents.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers, a qualified attorney and registered IP agent, could support you in opposition procedure of trademark in Vietnam.

Deadline for filing an opposition to a trademark application in Vietnam

The deadline for filing an opposition to a trademark application in Vietnam is stipulated particularly in the IP Law.

According to IP Law of Vietnam, during examination of trademark applications as from the date when a trademark application is published on the Industrial Property Official Gazette until prior to the date of decision on granting Certificate of trademark registration, an opposition request should be filed to the NOIP. Such request will not be accepted by the NOIP for handling if it is filed after the date of decision on granting trademark registration. However, under our current practice, the applicant could request for an acceleration examination, shorter than provided period of 09 months. Therefore please be noted that possible opposition should be filed as soon as possible.

Requirements

Pursuant to the IP Law, foreign opponents are not allowed to file opposition request directly at the NOIP but must authorize a lawful IP representative in Vietnam to proceed with such action based on a required original Power of Attorney (POA). Under current practice in Vietnam, a copy of POA may be acceptable for filing opposition and the original one could be filed later. However, the NOIP will not consider the opposition until the original POA is filed and all formality requirements are satisfied.

Trademark opposition Procedure in Vietnam

The opposition request must be in written form and the source of its accompanied supporting materials (if any) must be specified.

A possible opposition will be considered at the time of the trademark application’s examination as to substance.

As a general procedures, within 01 month (in fact, the time can extend to 02-04 months) as from the receiving date of our opposition, the NOIP will consider and then may convey its contents to the Applicant and fix about 01 month for them to present opinions. After receiving response of the Applicant (if they submit), the NOIP will inform and give the Opponent 01 month for filing response, submission of opinions.

In some cases, the NOIP may give conclusion upon consideration of opposition without conveying its contents to the Applicant if they think that it is clear enough to conclude. It is possible for the NOIP to organize conversation between the Opponent and the Applicant, upon request of the two parties, to clarify the matter (if necessary).

Upon considering the evidences submitted by the two parties, the NOIP will make a decision to accept opposition or not.

We ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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What is trademark opposition?

A trademark opposition is filed by a third party to prevent the proprietor from getting the Trademark registered if it is similar to his/her own or is identical to the one already used by the party. A person may file an opposition to a Trademark to prevent the brand from illicitly gaining from his/her established brand name and avoid confusion among the consumers.

Trademark opposition in Vietnam

A trademark opposition is filed by a third in the form of a Notice of Opposition that lays down the grounds on which the application is challenged. It is attached with the evidence that proves why the Trademark application flouts any legal norms or violates an existing Trademark.

A reply to the Trademark opposition must be submitted within 2 months of receiving it. For a Trademark objection, there is no need to pay a fee to send a reply to the objection, but to reply to a Trademark opposition, the applicant needs to pay a prescribed fee with the Trademark Registrar.

In the case of Trademark opposition, an appeal lies against the judgment in an opposition proceeding against the application.

Documents Required To File A Trademark Opposition

The copy of Trademark to be opposed.

The reason for opposition.

Procedure To File A Trademark Opposition

Upon receiving the requisite documents, the Trademark lawyer will draft the Notice of Opposition i.e. the application opposing the mark published in the journal. The Notice of Opposition will be sent to the Registrar first, who will examine it and then send it to the applicant.

We ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

assist our clients in all steps of the prosecution phase of IP management.

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