For each business, a trademark is its own mark, a valuable (large) intellectual property of the business. However, after a period of operation, the business will have changes in business strategy and no longer need to use that mark. So, can your business transfer that trademark to someone else? What will the transfer process be like? Is it complicated?
The following article of CIS Law Firm will provide detailed instructions on the procedure for transferring the latest Trademark Diploma in 2022.
MỤC LỤC BÀI VIẾT
1. What is trademark assignment?
Trademark assignment, also known as brand sale, means the transfer of the right to trademark registration by the trademark owner to the currently registered, unprotected mark, or the assignment, sale or donation of the trademark ownership right to another person. trademarks that have been granted protection titles to others.
Regarding the transfer of trademarks, in Articles 115 and 138 of the Intellectual Property Law 2005 (amended and supplemented in 2009 and 2019), the Law stipulates the transfer of trademarks as follows:
| Article 115. Amendment, supplementation, separation and conversion of industrial property registration applications
d) Request to record changes in applicants due to application transfer under contract, inheritance, inheritance or decision of a competent authority; Article 138. General provisions on transfer of industrial property rights 1. Industrial property right assignment means the transfer of industrial property rights by an industrial property right holder to another organization or individual. |
However, within the scope of this article, we only introduce to you the procedure and process of trademark transfer, trademark transfer that has been granted a protection title, also known as trademark assignment.
2. What is the procedure for trademark assignment in 2022?
In order to transfer a brand or trademark, the assignor (seller) and transferee (buyer) carry out the procedure for transferring the trademark title, also known as the registration procedure for the right to transfer contract. trademark ownership, accordingly, the steps in this procedure include:
Step 1: Prepare a set of documents as guided in Section 3 and submit the application at the National Office of Intellectual Property according to the instructions in Section 4;
Step 2: After submitting the dossier, the NOIP will conduct the appraisal of the trademark transfer dossier within 02 months from the date of filing;
Step 3: If all conditions are met, NOIP will approve the application for transfer of trademark ownership, return the results and record in the Trademark Diploma. In case of not agreeing to transfer, NOIP will reply in writing.
3. What does a trademark assignment file include?
A dossier of trademark or trademark transfer includes:
– Declaration of registration of contract for transfer of trademark ownership (download);
– Contract for transfer of trademark ownership;
– Original Diploma of Trademark;
– Other documents.
4. Where to file trademark assignment?
Dossier for transfer of trademarks or trademarks (also known as transfer of trademark protection titles) can be filed in one of the following ways:
Option 1: Submit the application directly at the office or by post to the headquarters of the National Office of Intellectual Property (386 Nguyen Trai, Thanh Xuan District, Hanoi) or the Representative Office of the Department in Ho Chi Minh City (Floor). 7, Ha Phan Building, 17-19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City) and Da Nang (3rd Floor, No. 135 Minh Mang, Khue My Ward, Ngu Hanh Son District, TP. Danang).
Option 2: Submit online through the National Office of Intellectual Property’s online public service portal by following the link: http://dvctt.noip.gov.vn:8888/HomePage.do
However, you need a digital signature (aka USB Token) and must register an account on the Online Public Service Portal to be able to do this.
Option 3: File through an Industrial Property Representative such as CIS Law Firm. The IP representative organization is a professional IP service organization, which has been licensed by the NOIP and recorded in its management system. Accordingly, you only need to sign the Power of Attorney, all documents and transactions with the Department will be actively carried out by this organization.
5. Trademark assignment service of CIS Law Firm
CIS Law Firm is an Industrial Property Representative Organization certified by the National Office of Intellectual Property of Vietnam. Our lawyers and experts have received intensive training in Intellectual Property from the National Office of Intellectual Property and the World Intellectual Property Organization (WIPO), We have the capacity and experience to support friend:
– Consulting on procedures for trademark transfer;
– Complete the dossier and on behalf of the customer to submit the transfer dossier;
– Manage trademark transfer documents until the final result is available;
– Actively update the processing status of trademark transfer documents and promptly respond to the NOIP’s comments.
To answer questions about the issue of trademark transfer, please contact the information below for advice and service requests:
INTELLECTUAL PROPERTY DEPARTMENT – CIS LAW FIRM
109 Hoang Sa, Da Kao Ward, District 1, Ho Chi Minh City
Phone: 028 3911 8580 – 091 911 8580
Email: info@cis.vn – sohuutritue@cis.vn
