Procedures for Amending the application for registration of geographical indication protection

Amending the application for registration of geographical indication protection is an important step to ensure the accuracy and efficiency of the registration process. Changes may be related to the applicant’s name, address or geographical indication content. The amended registration procedure must strictly comply with the regulations, in order to maintain the validity of the application. This article will provide detailed information about these modification steps.

In case the application for registration of geographical indication protection is amended

According to the provisions of Article 115 of the Law on Intellectual Property 2005, the applicant can request to amend the geographical indication registration application before the National Office of Intellectual Property makes a final decision on granting or refusing to grant the Certificate of protection. Modifications are made under the following conditions:

• Do not expand the scope of protection: If the amended content increases the geographical area or changes the nature of the product beyond the scope stated in the original application, the amendment request will be rejected.
• Do not change the nature of the protected object: Modifications are not allowed to change the basic characteristics of the product or geographical area.

Some cases that can be modified:

• Change the applicant’s name.
• Change of residential address or head office address.
• Modify the applicant’s country code in case of relevant country changes.
• Modification of industrial property representation.
• Modify documents in the application as described.
• Update the map of the geographical area corresponding to the geographical indication if there are errors or additional information is needed to clarify the scope of protection.

Procedures for amending geographical indication registration applications

Profile components

A dossier requesting amendment of a geographical indication registration application requires the following documents:

1. In case the application is actively amended by the applicant after the state management agency in charge of industrial property rights accepts a valid application, including a change in the legal representative in Vietnam, the application The request for amendment must be made according to Form No. 04 in Appendix II of Decree 65/2023/ND-CP.

2. In case of amending or supplementing the application before the National Office of Intellectual Property accepts or refuses to accept a valid application or amending or supplementing the application based on the notice of the National Office of Intellectual Property related to that application: Requests for amendments and supplements must be made in writing, clearly stating the content of the request for amendments and supplements.

3. In addition, depending on the request for amendments and supplements; Application for amendment and supplementation shall be submitted with the following documents.

Case 1: Modifying the description of the specific characteristics of a product bearing a geographical indication, the map of the geographical area corresponding to the geographical indication, for a geographical indication registration application, the documents must be resubmitted respectively.

Case 2: Modifying the name, address, country code of the applicant, and the name and nationality of the author of the layout design:

• The applicant must submit confirmation documents (original or certified copy) or legal documents (certified copy) proving the change (decision to change name, address;
• The business registration certificate records the change of name, address, etc).

Case 3: Modifying industrial property representation

The applicant must submit a declaration of change in industrial property representation.

4. Power of attorney (if applying through a representative);

5. Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the National Office of Intellectual Property account).

Execution order

The process for amending a layout design protection application is specified in Clause 2, Article 16 of Decree 65/2023/ND-CP and Decision 2060/QD-BKHCN. Accordingly, it includes the following two main steps:

Step 1: Submit application

Organizations and individuals submit 01 set of dossiers requesting amendments and supplements to applications for registration of geographical indication protection in person or online. Specifically:

• Submit online via the Administrative Procedures Information System of the Ministry of Science and Technology.
• Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang.

Step 2: Processing the application

• In case the application has no errors, the National Office of Intellectual Property shall issue a notice recording amendments to the application and publish it in the Industrial Property Official Gazette if the application has been accepted validly.
• In case the application has errors or is invalid, the National Office of Intellectual Property will issue a notice of intention to refuse to accept amendments or supplements to the application, clearly stating the reasons for the requester to correct the errors or give feedback.
• If the requester does not correct errors or the correction is unsatisfactory, there is no objection or the objection is not valid, the National Office of Intellectual Property shall issue a notice refusing to accept the request for amendment or supplement application.
• Processing time: 01 month from the date of receiving the application.

Procedure fee for amending geographical indication registration application

According to Circular 263/2016/TT-BTC, main fees include:

• Fee for appraisal of request for amendment: 160,000 VND.
• Fee for publishing revised information: 120,000 VND (from the 2nd image onwards: 60,000 VND/image).
• Description publication fee: 10,000 VND/page (from the 7th page onwards).

The applicant must ensure payment of these fees so that the amended application is processed on time.

Consulting services and guidance on procedures for amending geographical indication protection applications in Long Phan

Long Phan provides professional consulting services in implementing procedures to amend geographical indication protection applications. With a team of experienced people in the field of Intellectual Property, Long Phan will guide customers in detail about:

• Consulting on cases of amending geographical indication protection applications
• Advise on conditions for amending geographical indication protection applications to be accepted
• Draft and prepare amendment request documents
• Instructions on the order and procedures for amending geographical indication protection registration applications
• Representatives carry out registration procedures and work with state agencies to ensure the adjustment process takes place quickly and properly
• Consulting and guidance on handling issues that arise during the process of amending geographical indication protection applications.

Long Phan’s services help customers save time and minimize risks during the process of amending the registration application. To ensure that the amendment of the geographical indication protection application is carried out accurately and quickly, customers should thoroughly grasp the relevant legal regulations and procedures. If you need detailed advice or support from our professional team, please contact the hotline immediately 0906735386 for guidance.