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.
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.
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