Fee for examination of request for transfer of trademark registration application

Article overview

Appraising request for transfer of trademark plays a key role in protecting a business’s intellectual property. This process not only ensures legality but also facilitates the effective transfer of ownership rights. The following article by Long Phan will provide detailed information about important aspects of this process, helping businesses master and successfully carry out the transfer of trademark applications.

 Regulations on appraisal fees for transfer of trademark applications
Regulations on appraisal fees for transfer of trademark applications

Time to submit a request for transfer of trademark application

Transferring a trademark application is the process of transferring all rights and obligations from the current application owner to the new subject. This can be done when the trademark application is in the review stage at the Intellectual Property Office. The original applicant will terminate all rights and obligations related to the application. The transferee becomes the new owner, receiving all rights and responsibilities.

At the time of submitting the transfer request, it is necessary to ensure that the trademark registration application is still in the appraisal process. This means that the application has not been rejected or a protection title has not been granted. The applicant should note that the transfer will only take effect after it is officially approved and recorded by the National Office of Intellectual Property.

Fee for appraisal and transfer of trademark registration application

Based on the fee schedule. Industrial property fees Issued together with Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance, the fee for appraisal and transfer of trademark registration applications is 160,000 VND/01 registration application.

Trademark application transfer process

Profile components

Dossier requesting transfer of trademark registration application needs to include the following documents:

  1. Declaration for registration of industrial property transfer contract according to Form No. 01 in Appendix IV of Decree No. 65/2023/ND-CP;
  2. 01 contract (original or certified copy according to regulations); If the contract is made in a language other than Vietnamese, it must be accompanied by a translation of the contract into Vietnamese; If the contract has many pages, each page must have the parties’ signatures or seals;
  3. Original certificate of protection in case the certificate of protection is issued in paper form;
  4. Written agreement of the co-owners on the transfer of industrial property rights, if the corresponding industrial property rights are jointly owned;
  5. Authorization document (in case the request is submitted through a representative);
  6. Copy of fee and charge payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department’s account);
  7. For dossiers to register contracts for transfer of collective marks or certification marks, additional documents are required: Regulations on use of collective marks, regulations on use of certification marks and documents proving rights. submit the application from the Transferee (in this case, the National Office of Intellectual Property will re-examine the right to file and regulations on using the trademark; the applicant must pay the application examination fee in addition to the fees and charges for the transferee). with the application for registration of industrial property rights transfer contract according to regulations).

Execution order

The trademark application transfer process includes the following main steps:

Step 1: Receive documents

  • Organizations or individuals need to submit 01 applications for registration of industrial property rights transfer contracts to the National Office of Intellectual Property. Application can be done in two ways:
  • Submit online via the Administrative Procedures Information System of the Ministry of Science and Technology,
  • Submit directly at the Intellectual Property Office headquarters in Hanoi or representative offices in the city. Ho Chi Minh and Da Nang, or send via postal service.

Step 2: Process documents

The National Office of Intellectual Property will review and process documents in two cases:

Case 1: The registration dossier has no errors

  • If the dossier is complete and valid, the National Office of Intellectual Property will issue a decision to record the transfer of industrial property rights. After that, the Department will record the new owner in the Protection Certificate. In case of transferring only a part of the list of goods or services, the Department will issue a new Trademark Registration Certificate to the receiving party and determine the limit of the list in the original Protection Title.
  • Next, information about the transfer will be recorded in the National Register of Transfer of Industrial Property Rights. Finally, the decision to record the transfer will be published in the Industrial Property Official Gazette within 02 months from the date of decision.

Case 2: The registration dossier has errors

  • If the dossier has any shortcomings, the National Office of Intellectual Property will issue a notice of intention to refuse to register the contract. This notice will clearly state the shortcomings of the application and set a period of 2 months for the applicant to correct or respond. If the applicant does not make corrections or the corrections are unsatisfactory, there is no objection or the objection is not valid within the prescribed time limit, the National Office of Intellectual Property will issue a decision to refuse to record the transfer. concession.
Steps to request appraisal and transfer of trademark registration application
Steps to request appraisal and transfer of trademark registration application

Consulting services and support for transfer of trademark registration applications

Transfer of trademark consulting and support services provide professional assistance during this legal procedure. With experience in the field of intellectual property, Long Phan is ready to guide customers through the process of transferring trademark applications accurately and effectively. Services at Long Phan include:

  • Support in reviewing and evaluating the validity of trademark registration applications that need to be transferred.
  • Assist customers in preparing documents.
  • Assist in drafting and completing necessary documents
  • Detailed instructions on procedures for transferring trademark applications
  • Representing customers in the application process and working with the Intellectual Property Office.
  • Track progress and return results to customers.
 Consulting and support services at Long Phan
Consulting and support services at Long Phan

Transferring a trademark registration application is a strategic step, opening up new development opportunities for businesses. With a clear process and professional support, the transfer becomes smooth and effective. Customers can safely perform this procedure to protect and optimize their intellectual property. Please contact Long Phan immediately via hotline 0906735386 to receive comprehensive advice and support, ensuring the transfer of trademark process goes smoothly and successfully.