Method of checking a brand name before registration

Checking a brand name before registration is an important step before submitting a brand name registration application. This is to determine whether the brand name is already registered or not. Let’s explore the methods, procedures for checking and registering a brand name with Long Phan in the following article.

The Importance of Checking a Brand Name

Checking before registration ensures that the chosen brand name does not infringe on any other intellectual property rights, ensuring exclusivity and differentiation for the brand name. This avoids potential legal issues and ensures that the registered brand name does not face disputes in the future.

Using a brand name already used by another business can lead to unnecessary disputes or negatively impact the reputation of the company. By checking a brand name before use, the registrant avoids the hassle of having to refile, saving time and costs.

Methods of Checking a Brand Name

There are two methods to check a brand name, including:

• Online check: Through the website http://wipopublish.ipvietnam.gov.vn of the National Office of Intellectual Property of Vietnam.
• Direct check: Conducting direct inquiries at the National Office of Intellectual Property of Vietnam.

Brand Name Registration Procedure

Registration Applications:

• 02 brand name registration declaration forms, typed according to Form No. 08 Appendix I issued with Decree 65/2023/NĐ-CP.
• 05 samples of brand names and list of goods, services attached.
• Power of attorney if the application is submitted through a representative.
• Fee payment documents.
• Documents proving the registration rights if the applicant enjoys the registration rights of others.
• Documents proving priority rights, if priority rights are requested.

Based on the provisions of: Article 100, Article 105 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022).

Brand Name Registration Process

Step 1: Submitting the application.

Submit the brand name registration application to the state management agency for industrial property rights (National Office of Intellectual Property).

Step 2: Waiting for the formality examination of the registration application.

To check compliance with the formality requirements for the application, thereby concluding whether the application is valid or not.

• Valid application: Proceed to Step 3.
• Invalid application: The National Office of Intellectual Property will issue a notice of non-acceptance of the application and request the enterprise to amend it.

The formality examination period is 01 month from the date of submission.

Step 3: Publication of the registration application.

• Within 02 months from the date of the registration application, if the application is accepted as valid.
• The decision will be published on the website of the National Office of Intellectual Property and the Industrial Property Gazette.

Step 4: Waiting for the examination of the content of the registration application.

• If the application meets the requirements: The National Office of Intellectual Property will issue a notice of intention to grant a brand name protection certificate.
• If the application does not meet the requirements: The applicant has the right to appeal. If not satisfied with the National Office’s response, the applicant has the right to appeal to the Minister of Science and Technology or file a lawsuit in accordance with the law.
• The content examination period is not more than 09 months from the publication date of the application.

Step 5: Paying the protection certificate fee and receiving the Certificate.

After the brand name owner pays the protection certificate fee, the National Office of Intellectual Property will issue the protection certificate within 02 to 03 months from the date of fee payment.

Based on the provisions of Article 108, 109, 110, 114 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022)

Competent Authority

The agengy handling brand name registration applications is the National Office of Intellectual Property under the Ministry of Science and Technology.

Based on the provisions of Article 8 of Circular 23/2023/TT-BKHCN.

Note When Registering a Brand Name

• Check for exclusivity: Before registering, ensure that the brand name you want to register has not been used and does not conflict with any other brand names. This ensures the exclusivity of your brand.
• The registered brand name must not be identical, similar, or confusingly similar to other brand names that have been registered for protection at home and abroad.
• The protection certificate for the brand name issued by the National Office of Intellectual Property has a validity period of 10 years. If you want to continue protection, the owner must proceed with the brand name renewal procedure. Each renewal extends the protection of the brand name for an additional 10 years, with no limit on the number of renewals.
• Professional advice: Consult with experts on brand name protection issues to ensure compliance with legal regulations and optimize protection for your brand.

Brand Name Registration Consultancy Services

• Advising on the necessary conditions for brand name registration.
• Guiding on specific procedures, processes, and fees for brand name registration.
• Supporting in checking potential conflicts between brand names.
• Advising on necessary documents and drafting registration applications.
• Providing guidance and clarification on issues arising during the brand name registration process.
• Assisting in resolving other legal issues (if any).

Therefore, checking a brand name before registration is an essential step to ensure exclusivity and protection for the brand. This way, businesses not only avoid potential hidden legal issues but also build a solid foundation for the future development and success of the company.

We hope the information provided has partially answered your questions. If you need further advice, please contact Long Phan via Hotline 0906.735.386 for prompt and dedicated support. Thank you sincerely!