Transfer of Trademark Application in Vietnam

 

The Reasons to Transfer of Trademark Application in Vietnam

After filing of the application for a Vietnam trademark registration, applicants might wish to transfer theirs application to others.

There are many reasons for this but most of them derives from practical business activities and development needs of market, and society.

The Reasons to Transfer of Trademark Application in Vietnam

For instance, two subjects transfer the application to each other for profit purpose; individual wants to set up an enterprise in the future and register a trademark as individual and then transfer the application to the legal person to get early the priority date; at the moment, individuals are unqualified to be applying in applicants’  name then individuals have others to do in application, in the appropriate time, and when the individuals are qualified according to statutory, they would implement the procedure of transfer the application.

When are Trademark Owners Allowed to Transfer of Trademark Application in Vietnam?

Transfer of application for a mark registration is implemented on voluntary basis between the parties or decision of the competent authority and shall be presented in the form of a written contract.

However, owner of application is only allowed to transfer application at the following times: before National Office of Intellectual Property of Vietnam makes a decision on refusing to accept the application, decision on issuing or refusing to issue protection titles.

If one of the parties in contract transfers application for transfer registration after the time mentioned above, that application shall not be accepted.

Required Documents to Transfer of Application Trademark in Vietnam

Necessary documents when implementing the procedure of transfer of application for a trademark registration include:

-Transfer contract: Contract must show name and address of transferor and transferee; the number of transferred applications or sufficient information to determine that application;

-Declaration for registration of transfer;

-Power of attorney.

Period of Transferring Trademark Application

According to regulations, duration of examining application for transfer registration is 2 months from the date of submission the application.

However, this duration can be faster or slower, depending on the workload of National Office of Intellectual Property at the time the application is examined.

Source ANT Lawyers: Transfer of Trademark Application in Vietnam