Instructions on procedures for removing the name of an industrial property representative

Article overview

Deleting the name of the industrial property representative is an important step in ensuring the transparency and accuracy of intellectual property records. This procedure helps businesses and individual owners of industrial property rights adjust their legal representation information, thereby better protecting their legal rights. The following article will provide detailed instructions on the procedures, processes and necessary legal requirements to remove the name of an industrial property representative.

Delete the name of the industrial property representative
Delete the name of the industrial property representative

Cases of deletion of the name of an industrial property representative

Deleting the name of an industrial property representative is done when the representative no longer meets the conditions for practicing as an industrial property representative as prescribed in Point b, Clause 1, Article 155 of the Law on Intellectual Property 2005 amended and supplemented 2022.

The National Office of Intellectual Property will review and make a decision to delete the name of the industrial property representative upon receiving a valid request. This decision will be published in the Industrial Property Official Gazette and the Department’s electronic information portal.

Procedures for removing the name of an industrial property representative

Competent authority

The Department of Intellectual Property under the Ministry of Science and Technology is the agency with authority to receive, process documents and make decisions to delete the name of industrial property representatives.

Competent state agency
Competent state agency

Profile components

The dossier to remove the name of an industrial property representative needs to include the following documents:

  • Declaration requesting deletion of the name of industrial property representative (Form No. 09, Appendix V, Decree 65/2023/ND-CP).
  • Documents proving that the person issued with the Practicing Certificate does not meet the conditions for practicing.
  • Copy of fee payment voucher.

Customers need to prepare a complete set of documents according to regulations to submit to the Intellectual Property Department. Preparing accurate documents will help the processing process take place quickly and effectively.

Execution order

The process of deleting the name of an industrial property representative is carried out according to the following steps:

Step 1: Submit application

Submitting documents Customers submit 01 set of documents requesting name deletion to the National Office of Intellectual Property through one of the following methods:

  • Online through the Administrative Procedures Processing 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 the Department’s Representative Office in the city. Ho Chi Minh and Da Nang.

Step 2: Processing documents Within 20 days, the National Office of Intellectual Property will review the documents:

  • If the dossier is valid: Issue a decision to delete the name, delete the name in the national register of industrial property representatives, publish it in the Industrial Property Gazette and the Electronic Information Portal of the National Office of Intellectual Property in a period of 02 months from the date of decision;
  • If the dossier is not valid: the National Office of Intellectual Property shall notify the dossier’s shortcomings and set a deadline of 01 month from the date of notification for the dossier to correct the shortcomings;
  • In case the applicant does not correct the errors or does not correct the errors unsatisfactorily, the National Office of Intellectual Property shall issue a decision to refuse the request to remove the name of the industrial property representative, clearly stating the reason for refusal deny.

Resolution deadline

The time limit for resolving procedures to remove the name of an industrial property representative is as follows:

  • Processing of documents: 20 days from the date of receipt of complete and valid documents.
  • Announcement of decision: 02 months from the date of the decision to delete the name.

Customers need to pay attention to these timelines to monitor the progress of their application processing.

Regulations on settlement deadlines
Regulations on settlement deadlines

Fees for deletion of name of industrial property representative

When carrying out procedures to remove the name of an industrial property representative, businesses need to pay the following fees and charges:

  • Document appraisal fee: 250,000 VND
  • Fee for announcing the Decision to delete name: 150,000 VND
  • Registration fee for decision to delete name: 150,000 VND

Customers need to submit fully to ensure the application is processed quickly.

Reference content: Section 4, Schedule of industrial property fees and charges according to Circular 263/2016/TT-BTC.

Consulting and support services for removing the name of industrial property representatives in Long Phan

The procedure for removing the name of an industrial property representative requires careful preparation and understanding of legal regulations. With many years of experience in the field of intellectual property, Long Phan brings professional and effective services to businesses. Consulting on related legal processes and procedures.

Services provided by Long Phan include:

  • Document analysis: Assess the current legal status of industrial and business property representatives. Determine the documents required for the expungement application.
  • Document preparation: Support and draft necessary documents.
  • Consulting the competent authority to remove the name of the industrial property representative.
  • Instructions on the order and procedures for quickly removing the name of an industrial property representative.
  • Application submission representative: On behalf of customers, submit applications directly at the National Office of Intellectual Property or through the online system, ensuring that applications are received according to the correct process.
  • Monitor progress: Regularly contact the Intellectual Property Office to update the status of application processing. Timely notify customers of progress and additional requests (if any).
  • Explanation and additional documents: In case the National Office of Intellectual Property requires clarification or additional information, we will assist customers in preparing and submitting additional documents within the prescribed time limit.
  • Consulting after name deletion: Guide customers on the next steps after completing name deletion procedures, including updating information with relevant authorities.

To ensure a smooth implementation process, customers can contact Long Phan via Hotline: 0906735386 for detailed advice. We will support customers in completing procedures quickly and in accordance with regulations, helping businesses save time and costs in the process of removing the name of an industrial property representative.