Assignment of a
trademark right means the transfer of ownership right by owner of such
trademark right to another organization or individual.
Trademark
Assignment in Vietnam be established in the form of written
agreement. Oral agreements, letters or telegrams shall not be accepted and have
no legal effect.
Required documents
You are required to
provide us the following documents:
- One
executed original of Deed of Assignment, which must be signed and sealed
by both Assignor and Assignee. Since the Deed of Assignment has two pages,
both Assignor and Assignee should sign on each page or use company stamp
to inter-cross seal over all pages (NO further
notarization or legalization is required);
- A Power of Attorney (POA) that
should only be signed by the Representative of Assignee;
- The
relevant original Certificate of Trademark Registration (if recording the
assignment for a registered one).
Procedures and time
After the recordal of
assignment is completed, the NOIP will issue the following documents:
- The
Notice of Assignment Recordal in case of a pending Trademark Application.
- The Certificate for Registration of Deed of Assignment
in case ofTrademark
Registration. In addition, the name and address of new owner
will be endorsed on the last page of this Certificate of Trademark
Registration.
The whole duration for
recordal of assignment will in straightforward case is 2 months counted from
the filing date. However, in practice, this duration can be extended from 3-6
months.
Other matters
Under Vietnam
Intellectual Property Law, the trademark assignment will not be
approved in the following cases:
• The subject mark for
assignment identical/confusingly similar to the trade name of assignor as it
shall cause the confusion as to the origin of goods or services with those of
assignor.
• The subject mark for
assignment similar or identical to other trademarks but not for assignment of
Assignor in respect of similar goods or services as it shall cause the
confusion as to the origin of goods or services with the rest of assignor.
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