Procedures for withdrawing industrial property registration applications

The procedure for withdrawing industrial property registration applications is a legal process that allows the owner or legally authorized representative to cancel an application for registration of an invention, industrial design or trademark filed at the National Office of Intellectual Property. wisdom. This process requires the preparation and submission of necessary documents as required by law. The following article by Long Phan will provide detailed information on the steps to carry out the procedure for withdrawing industrial property registration applications.

Subjects are allowed to withdraw industrial property registration applications

According to Point a, Clause 2, Article 17 of Decree 65/2023/ND-CP guiding Article 116 of the 2005 Intellectual Property Law, withdrawal of industrial property registration applications can only be done by competent entities. This subject includes:

• Applicant;
• Or Legally Authorized Representative.

In case the application is submitted through a representative, the authorization document must clearly state the authorization to withdraw the application. If not, the authorization document must be accompanied by an order letter clearly indicating the application number to be withdrawn.

Clearly defining who has the right to withdraw an application helps protect the interests of the applicant, while preventing abuse or fraud in the industrial property registration process. This also creates a strict control mechanism, ensuring that only people with legitimate interests can withdraw applications.

Competent authority to handle the withdrawal of industrial property registration applications

According to STT 10, Section A, Part I, Decision No. 2060/QD-BKHCN dated September 13, 2023 of the Minister of Science and Technology, the procedure for withdrawing industrial property registration applications will be carried out by the National Office of Intellectual Property. . The National Office of Intellectual Property is a specialized agency under the Ministry of Science and Technology, with the function of state management of industrial property.

The National Office of Intellectual Property is responsible for receiving, reviewing and resolving requests to withdraw industrial property registration applications. This agency ensures the correct implementation of procedures and compliance with legal regulations related to the withdrawal of applications for registration of patents, industrial designs and trademarks.

Procedures for withdrawing industrial property registration applications

Documents needed for withdrawing industrial property registration applications

According to Points a and b, Clause 2, Article 17 of Decree 65/2023/ND-CP guiding Article 116 of the 2005 Intellectual Property Law, the withdrawing industrial property registration applications needs to include the following documents:

• The written withdrawal statement is the most important document in the file. This document must clearly show the will of the applicant or authorized representative to withdraw the industrial property registration application. The declaration should clearly state information about the application to be withdrawn, the reason for withdrawal and other relevant information.
• An authorization document is a required document if the application is submitted through an authorized representative. This document must clearly state the authorization to withdraw the application or must be accompanied by a letter specifying the application number to be withdrawn. This is to ensure the legality of the withdrawal and protect the rights of the applicant.

Full and accurate preparation of these documents helps the application processing process take place quickly and effectively. Applicants need to ensure the accuracy and completeness of information in documents to avoid documents being returned or additional requests, which prolongs processing time.

Steps to withdraw industrial property registration application

According to Clause 2, Article 17 of Decree 65/2023/ND-CP, the process of withdrawing industrial property registration applications includes the following steps:

Step 1: Submit application to withdraw application:

• Organizations and individuals submit 01 set of documents requesting withdrawal of industrial property registration applications to the National Office of Intellectual Property.
• The application must include all required documents, including withdrawal statement and authorization document (if any).

Step 2: Receive and process applications:

The National Office of Intellectual Property will examine and process the request for withdrawal of application. This process includes reviewing the validity and completeness of the application, and evaluating the legal factors related to the withdrawal of the application.

Step 3: In case the request to withdraw the application has no shortcomings, the National Office of Intellectual Property will issue a notice accepting the withdrawal of the application and record the withdrawal in the file. This means that the industrial property registration application has been officially withdrawn and cannot be restored.

On the contrary, if the request to withdraw the application is flawed or invalid, the National Office of Intellectual Property will issue a notice of intention to refuse to accept the withdrawal of the application. This notice will state the reasons for the refusal, and allow the requester the opportunity to correct the deficiency or raise an objection. If the requester does not make the correction, or the correction does not meet the requirements, or there is no valid objection, the National Office of Intellectual Property will issue an official notice refusing to accept the request to withdraw the application.

Consulting services, support for submitting and withdrawing industrial property registration applications

Procedures for submitting and withdrawing industrial property registration applications require understanding of intellectual property law and administrative procedures. To ensure the application submission and withdrawal process goes smoothly and effectively, customers can consider using professional consulting services. Long Phan can assist customers in preparing documents and carrying out necessary procedures in submitting or withdrawing industrial property registration applications through the following services:

• Legal advice on the application and withdrawal process;
• Prepare and submit application/withdrawal documents to the National Office of Intellectual Property;
• Monitor application processing progress;
• Representatives carry out procedures in submitting documents and monitoring the processing process.
• Receive results and hand over to customers.

The procedure for withdrawing industrial property registration applications is a process that requires accuracy and strict compliance with legal regulations. For professional support and guaranteed benefits. Long Phan is ready to support customers throughout the implementation process. Please contact the hotline 0906735386 for detailed advice.