Assignment of International Trademark Registration

In the progress of world integration, goods trading activities between countries and regions are becoming more and more developed, then the matters related to intellectual property is gradually being focused.

Assignment of International Trademark Registration

The individuals and organizations are aware of the benefit of registration the intellectual property subjects. In particular, they registered internationally for their trademark when widen their business abroad. After that, when trademark owner might wish to assign that granted certificate trademark to others for economic or other reasons.

What is the assignment of international trademark process?

In this case, international trademark was registered under Madrid agreement and Madrid Protocol, established under decision on acceptance for protection or international registration protected in Vietnam issued by National office of Intellectual property Vietnam (NOIP). Accordingly, the trademark application originated from Vietnam submitted to International office via NOIP. Thus, trademark owner whom wish to assign or register their trademark internationally pursuant to Madrid system would submit application via NOIP. However, for the application which appointed in the country which is the member of Madrid agreement, parties may request the international office to conduct the assignment procedure.

When conducting the assignment procedure via NOIP, applicant needs to prepare following documents:

-        Declaration for international trademark assignment;

-        Declaration of international office;

-        The copy of international trademark certificate in Vietnam;

-        The copy record of assignment to the local trademark;

Besides, other documents will be required based on specific cases.

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What Conditions to File Divorce Petition?

Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.

What is the condition of divorce?

Firstly, we need to know about subjects being entitled to request divorce settlement. That is husband or wife or both having the right to request divorce settlement from a Court; a parent or other relatives has the right to request divorce settlement from a Court when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit. In addition, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.

The divorce is divided into two cases, those are divorce by mutual consent and divorce at one party’ s request.

Conditions of divorce by mutual consent: if both wife and husband request a divorce and both parties are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children, the court shall settle the divorce a court shall recognize the divorce by mutual consent; if the spouses fail to reach agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

Divorce at one party’ s request: if a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if there are grounds to believe that a spouse commits domestic violence or seriously infringes of the rights and obligations of the husband or wife seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable. When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce. For a parent or other relatives’ request for a divorce mentioned above, a court shall permit the divorce if there are grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Domestic violence acts is one of the important factors mentioned in unilateral divorce. Domestic violence acts and “serious condition, common life no longer impossible and the marriage purposes unachievable” are defined in Vietnam laws.

For divorce involving foreign elements, an important condition is permanent residence. First of all, marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad. Two foreigners shall be settled a divorce in Vietnamese court if both of them reside permanently in Vietnam. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law could be applied.  However, it is suggested to consult with civil or dispute lawyers in civil matters in the court proceeding to best protect the rights and interest especially involving property division and child custody.

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Transfer of Trademark Application in Vietnam

After filing of the application for a trademark registration, applicants might wish to transfer theirs application to others. There are lots of reasons for this but most of them derives from practical business activities and development needs of market, and society. For instance, two subjects transfer the application to each other for profit purpose; individuals want to set up an enterprise in the future and register a trademark as individuals 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’ s 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.

Trademark 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.

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 transfered applications or sufficient information to determine that application;

-        -Declaration for registration of transfer;

-        -Power of attorney (if authorized to industrial property agent i.e. ANT Lawyers).

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.

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Four Steps of Patent Application Processing Procedures

After submitting patent application at National Office of Intellectual Property in Vietnam (NOIP), the applicant will concern on how their application will be processed.

Specifically, patent application will be gone through the following phases: receipt of application; formality examination of application; substantive (ex-officio) examination of application; grant of or refusal to grant protection titles; official registration and publication of decisions on the grant of protection titles.

Vietnam patent

Firstly, receipt of patent application:

When receiving the application in this first phase, the NOIP will check and prepare with the documents listed in the declaration to consider whether to receive the dossiers. In case of sufficient dossiers according to the law, the receiving officer shall receive the dossiers and stamp the submitting date in the dossiers and send back a declaration to the applicant. In case of insufficient dossiers, the NOIP shall decline to receive the dossiers.

Secondly, formality examination of patent application:

The purpose of formality examination is for examination of observance of regulations on formalities applicable to applications, serving as a basis for concluding whether applications are valid or invalid. If the application is valid, it will be proceeded to the next step, otherwise, it will be denied. The formality is considered related to the language in the application, application presentation, word size; the declaration must ensure the compulsory information and be uniformed; regarding the documents required to have the confirmation of competent authority then those documents must have that seal. Besides, the NOIP also check the filing date and priority date (if any). If there are any errors in the dossiers, the NOIP will send a notification to applicant of intention to refuse the valid application and set a period so as the applicant can correct the errors. In case applicant does not reply to the notification, the NOIP will issue the refusal notification of the application; if the application is valid, the NOIP will issue the acceptance notification of the valid application.

Thirdly, publication of valid application:

After being accepted the validity, the NOIP will publish the valid application on Industrial Gazette in the nineteenth month from the date of priority or the filing date in case the application has no date of priority or within two months after it is accepted as a valid application, whichever is later. If the patent application is under the Patent Cooperation Treaty, it shall be published within two months from the date it is accepted as a valid application and entering the national phase. Regarding the application which request for earlier publication, it shall be published within two months from the date the NOIP receives that request or the date it is accepted as a valid application, whichever is later.

Fourthly, substantive examination of patent application;

The purpose of substantive examination is to assess the protect ability of objects stated in those applications under the protection conditions and corresponding protection coverage. Be noted that during the substantive examination process to the application having the priority, the NOIP may use the searching information result and corresponding substantive examination result of the application submitted abroad. However, the applicant could actively provide the following documents for substantive examination: (i) searching information result and corresponding substantive examination result of the application submitted abroad (ii) the copy of protection title on the basis of similar application submitted abroad (iii) the documents related to technical art of the subject mentioned in the application which provided by oversea competent authority and other documents. The content of substantive examination is to assess the corresponding of the subject in the application to each protection claim. After finishing the substantive examination period, the NOIP will issue one of the following notifications:

-The subject in the application does not satisfy the protected conditions or satisfies the protection conditions and remains some errors. Then, the NOIP will issue a notification of intention of refusal to grant protection title and set a period for applicant to have opinion and correct the errors. If the applicant replies to the notification and the NOIP considers to be suitable, then NOIP then issues the intention of granting protection title and set a period for application to submit the granting fee.

-If the subject in the application satisfies the protected conditions, the NOIP then issues the intention of granting protection title and set a period for application to submit the granting fee.

In both the above cases, if the applicant submits the granting fee, publication of granting decision fee; registration protection title fee and first year remaining validity fee, applicant will then be granted the patent registration certificate. Every year, applicant will have to submit the remaining validity fee, otherwise, the protection title will be invalid.  It is suggested that patent attorney in Vietnam will be assigned to follow up with the authority for effective management of IP properties.

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Condition, Procedures and Period of Patent Registration in Vietnam

Before applying the patent registration, applicant needs to find out the matters related to conditions, procedures and period from the time of submission the application until granting the protection title when registering a patent to avoid the cases that National Office of Intellectual Property in Vietnam (NOIP) may issue the notification on denying examination due to not meeting criterias or non compatible dossiers.

Register invention in Vietnam

According to Law on Intellectual Property in Vietnam, a patent needs to satisfy 03 following criterias to be protected:

-An invention shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application.

-An invention shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

-An invention shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

1.It is published by another person without permission from the person having the right to register it;

2.It is published in the form of a scientific presentation by the person having the right to register it;

3.It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it.

-An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art;

-An invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

For registration procedurds, after the application was filing, it will go through 02 phases of examination:

-The application will be examined formality from 1-3 months. If the application meets the formality criteria according to the law, NOIP will issue the decision on accepting the formality of the application. Then, it will be published on Industrial Property Official Gazette within 02 months from the date of issuing the above decision.

-Then, when having the request, the application will go through a substantial examination within 12-16 months. If meeting the protection criteria as mentioned above, NOIP will issue the Patent to applicant.

However, the actual examining period will be shorter or longer than as regulated.

In case of authorizing ANT Lawyers as IP agent in Vietnam, the client needs to provide the following documents:

-Name and address of the applicant;

-Name and address of inventor(s);

-POA to ANT Lawyers;

-Specification, Figures and Claims of the patent;

-Priority documents (if any);

-Other related documents.

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How can i protect trademark around the world?

If you want to protect your trademark around the world you should keep in mind one thing - trademarks are territorial. The registration of your trademark in one country doesn’t mean protection in the whole world. If you want your mark protected worldwide you have to register it in each country of the world but this is such an expensive and long process.

Trademark in Vietnam

The most cost-effective decision will be the registration of your mark in the countries where you already have or plan to have your business.

Also, there are some opportunities for those who want to register their brand in the European Union countries - a EU trademark which includes the registration of your mark in all 28 European Union countries. One more advantage is that applying for a EU trademark is much cheaper than for each EU country separately. But you should remember that your registered trademark must be used in commerce, otherwise, it can be canceled.

Source: Quora 

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How can I register an idea?

You can’t protect an idea, however you can protect an invention. Of course, the idea is the first step in that creation process, but until you create something tangible, there is no protection for you there. Once your idea manifests into an actual invention, then you can work through the process of protecting it through a patent. Depending on your invention, you will likely be considering one of the following patents:

Register invention in Vietnam 

Utility Patent: This type of patent focuses on function. It is appropriate to file for this patent if you have created a brand new product that has never been invented before.

Design Patent: This type of patent is appropriate if you have a product that is already established on the market, but you have created a new look that is incredibly unique.

In some instances, your invention may be eligible for both types of patents. To best determine where you should go from here, you should consult a patent attorney.

This article is for informational and educational purposes only. This should not be taken as a substitute for legal advice. This does not create an attorney-client relationship with anyone who reads it.

Source: Quora

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The Benefits of Registering the Trademark

The claim of ownership: Registering your trademark gives you the mark of ownership, which essentially means, that you retain the exclusive use of the mark and no one else can use it. Thereby, helping you establish your brand more effectively.

Trademark in Vietnam 

Listing in IP Vietnam’s Database:

Being listed on IP Vietnam’s online database ensures that others know that you own the mark and have exclusive rights to using it. It acts as a deterrent against possible misuse.

The right to use the ® symbol:

Once your trademark has been registered; you have the right to use the ® symbol which shields your trademark from infringement by granting it legal protection.

Sell and License your brand:

Having a trademark can help you sell and license your brand and also helps in brand recognition.

Protects from unfair practices:

 It secures your business from unfair practices such as the use of deceptively similar marks by rivals that could hurt your brand’s image. A trademark gives you legal protection from such unfair practices.

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Directive No.10/CT-TTg on Promoting Prevention and Control of Covid-19

At the moment many countries in the world, the epidemic of severe acute respiratory syndrome coronavirus (Covid-19) continues to have many new complicated and unpredictable developments, especially in Korea, Japan, Italy, Iran and other countries. On February 25, 2020, the Prime Minister signed the Directive no.10/CT-TTg on promoting prevention and control of the Covid-19 epidemic (“Directive no.10/CT-TTg) to continue the effective implementation of Covid-19 anti-epidemic solutions.

Ministries, Departments, People’s Committee of Provinces and cities under central continues to improve against epidemic, do not neglect, subjective, strictly implementation of prevention solutions, anti-epidemic in accordance with Directive no.05/CT-TTg dated January 28, 2020 and Directive no.06 / CT-TTg dated January 31, 2020 of the Prime Minister; continue to strictly control people crossing trails and openings in border provinces; strictly implement solutions on the management, control and prevention of epidemics in aviation activities, tourism and cross-border transportation of goods. The Ministry of Foreign Affairs continued to discuss with the Chinese about the Vietnamese citizens who come from epidemic cities and provinces of China could only enter Vietnam through international border gates.

For the people who enter from epidemic areas of South Korea and from epidemic areas of territories or other countries: The Ministry of Foreign Affairs immediately announced to the South Korea and countries and territories with Covid-19 epidemic of anti-epidemic measures which are applied in Vietnam, in which Vietnam will pause for entry Vietnam for persons who coming from or passing through the epidemic area, the people who entry for official purposes in special cases need to declare the medical situation and isolate for 14 days. The government notices Vietnamese citizens not to go to epidemic areas in other countries, except in case of necessity. If they do go to this area, when they enter Vietnam again, they will be isolated for 14 days. In addition, it is important to notice and pursuade the Vietnamese citizen living and working in South Korea (especially in Daegu and Gyeongsangbuk) to comply with guidance on local measures to prevent the spread of Covid-19, do not go to an infected area and has the ability to be affected by the epidemic recommended by the host country.

In addition, the Ministry of Health performs the isolation in the medical facility for the suspected person and other people as required by the health organizations. The Ministry of Defense prepare material facilities, equipment and places for reception and accommodation to conduct intensive isolation for people who are not in cases of concentrated isolation at health organizations; directing the application of measures to reduce the density of isolation in border provinces to ensure cross-contamination in isolated areas. The Ministry of Public Security shall notify the Ministry of Defense, the Ministry of Health and the People’s Committees of provinces and cities concerned about information on passengers from the epidemic area to enter Vietnam for the implementation of medical isolation. The Ministry of Transport direct the flights from the region of South Korea landing in Van Don Airports (Quang Ninh Province), Phu Cat (Binh Dinh province) and Can Tho (Can Tho city). The Ministry of Culture, Sports and Tourism recommends that people restrict travel to epidemic areas in the unnecessary case; If they still go this place, when they enter Vietnam, they will have to be isolated for 14 days as the regulation.

In addition, the Ministry of Health continues to implement mandatory medical declarations for cases of entry from epidemic countries and territories. People’s committees of provinces and cities under central authority performs medical monitoring and timely medical isolation when there are any symptoms of the disease against the persons coming from the epidemic area into Vietnam within 14 days; perform supervision, medical declaration, health monitoring for citizens from other parts of South Korea.

By the issuance and implementation of Directive no.10/CT-TTg, the Government of Vietnam hopes to quickly prevent and reverse the Covid-19 epidemic to stabilize the socio-economic situation for the country.

The legal direct impact to companies and business will be the delay in visa, work permit, temporary residence cardapplication for foreigners entering Vietnam.  Manufacturing companies and other companies in other sectors impacted by disrupted goods transportation, people traveling restriction will face financial loses, leading to being unable to pay salary, social insurance and other mandatory contributions.  Further, they might unlawfully terminate the labour contracts with employee.  Potential disputes in labour areas would rise in big scale.  The disruption of goods and services would also lead to dispute in performance of contracts, which will need to be closely monitored.

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Withdrawal of request for investigating of anti-dumping on welding material products originating from China, Thailand and Malaysia

Welding material is one of the most important industrial auxiliary sector, which is indispensable to fields such as: shipbuilding, cars and motorbikes production, other electronic industries. In the first 7 months 2019, Ministry of Industry and Trade carried out examination dossiers of 3 cases, one of them is dossier requesting to investigate to apply anti-dumping measure on welding material.

On Jun 28^th, 2019, Trade Remedies Authority of Vietnam (Investigating Body) received the Dossier requesting for investigating to apply anti-dumping measure on welding material products originating from People’sRepublic of China, Kingdom of Thailand and Malaysia. This dossier is applied by companies representing the domestic industry (Requesting Party

Requesting Party includes 01 company: Kim Tin Group Joint Stock Company. Kim Tin Group Joint Stock Company is a large enterprise in manufacturing and trading of welding materials: welding rods, welding wire, welding flux, color metal, steel nails, ligature, machines, devices, board of MDF, mineral exploitation and logistics service in Vietnam.

On Oct 28^th, 2019, Requesting Party fully submitted additional information at request.

On Nov 07^th, 2019, Investigating Body confirmed that Dossier was complete, valid according to regulations of law on trade remedies.

On Jan 25^th, 2020, Trade Remedies Authority received official dispatch of Requesting Party on withdrawing dossier requesting for investigating to apply anti-dumping measure on welding material products.

Due to Requesting Party’ s request for withdrawing dossier, Trade Remedies Authority informed that no investigation to apply anti-dumping measure on welding material products originating from People’s Republic of China, Kingdom of Thailand and Malaysia is initiated.

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