In the context of the relentless development of the market and increasingly fierce competition, trademark protection has become one of the core factors ensuring sustainability for businesses. Currently, the procedure for trademark registration has become more important than ever to ensure the legal rights of businesses and prevent violations of intellectual property rights.

In this article, we will explore the latest points in the regulations on the procedure for trademark registration and understand why compliance with this process is not only a legal obligation but also brings many great benefits to businesses.

1. Why businesses need to register for trademark protection

• Registering for trademark protection is the key to entering the business world with confidence and peace of mind, so filing for trademark protection as soon as the brand is formed will bring many benefits to the business itself, such as:
• The time to receive a protection certificate is quite long; however, the priority right to consider the ownership status will be counted from the time of filing the application;
• Create a protection mechanism for the brand, avoiding the case where others use the same, similar, or confusing brand with the business’s brand;
• Enhance the value of the business when conducting capital sale transactions and shares because the brand is the intangible asset of the business;
• Participate in e-commerce platforms in Vietnam or around the world because businesses must prove they have the right to own or legally use the brand attached to the goods on sale.
• Avoid damage when competitors have registered for protection before your brand and in this case you are forced to stop using the brand. The party that has registered for protection before the brand has the right to request competent agencies such as Customs, market management, and the Court to apply sanctions against you.

2. List of documents needed to register a trademark

Depending on each specific case, the list of documents needed to prepare for trademark registration will differ, but generally will include the following basic documents:

• Trademark registration declaration is presented according to the correct format guided by the Intellectual Property Department;
• Fee payment documents;
• Trademark sample: the trademark sample must be identical to the image of the trademark pasted on the registration declaration in both color and size;
• List of products and services that customers want to register trademarks;
• Prepare a power of attorney for CDLAF;
• Some other documents according to each specific case such as: Regulations on the use of collective trademarks or certification trademarks; Explanation of the nature, characteristic quality (or specialty) of the product bearing the trademark; Map of the geographical area; Documents confirming permission to use special signs; Documents confirming the right to register from others…

3. Steps to be taken

To register a trademark, businesses need to take the following steps:

Step 1: Submit a trademark registration application to the Intellectual Property Department

The application can be submitted online or by post or directly at the receiving points of the Intellectual Property Department.

Step 2: Appraise the form of the trademark registration application

The time for form appraisal is about 02 months from the time of application. After having the decision to accept the form, the application will be published on the website of the Intellectual Property Department.

Step 3: Appraise the content of the trademark registration application

The time for content appraisal is usually 09 -12 months but in reality, this time will be longer.

Step 4: Receive notice of granting a protection certificate

At the end of the content appraisal period, the Intellectual Property Department will issue a notice of intention to grant a certificate, the content of the notice will inform about the amount of fee to be paid or notice of refusal to grant a trademark protection certificate.

Step 5: Pay the fee

In the case of a notice of granting a protection certificate, the business proceeds to pay the full and timely fee to receive the protection certificate;

Or have a written response to the notice of refusal to grant a protection certificate of the Intellectual Property Department if the business is in the case of refusal.

In summary, the implementation of the procedure for registering trademark protection according to the latest regulations not only protects the interests of businesses but also shows the importance of creativity, innovation, and intellectual protection in today’s business environment. This is an investment that brings lasting value and contributes to the sustainable development of businesses in the present and future era.

Time of writing: 30/08/2023

The article contains general information which is of reference value, in case you want to receive legal opinions on issues you need clarification on, please get in touch with our Lawyer at info@cdlaf.vn

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