Note when amending and supplementing trademark registration dossiers

Amending and supplementing a trademark registration dossiers is an important procedure for trademark registration when the application needs to amend or supplement information to be more complete and accurate. From submitting the application until receiving the certificate can take quite a long time, so the need to amend and supplement the trademark registration dossier is unavoidable. Below are notes when amending and supplementing trademark registration documents that Long Phan will send to customers.

Note when amending and supplementing trademark registration dossiers

When can trademark registration documents be amended or supplemented?

Trademark registration dossiers may be amended or supplemented if they fall into one of the following cases:

• According to the request for amendments and supplements of the National Office of Intellectual Property.
• Changes in the group of goods and services bearing the trademark for the trademark registration application.
• Change in name and address of the applicant.

Accordingly, amendments and supplements to an industrial property registration application must not expand the scope of the subject matter disclosed or stated in the application and must not change the nature of the subject matter requested for registration stated in the application. At the same time, the consistency of the application must be ensured. The applicant may request amendments and supplements with the same content related to multiple applications with the same type of industrial property right object in a declaration or a written request for amendments and supplements;

Note: Amendments and supplements to the trademark registration dossier must be made before the state management agency in charge of industrial property rights issues a decision to refuse to accept the application, decide to grant or refuse to grant a document. protection certificate.

This content is stipulated in Article 115 of the Law on Intellectual Property 2005, amended and supplemented in 2009, 2019, 2022.

Dossier for amending trademark registration application

Dossier for amending and supplementing a trademark registration application will include the following types of documents:

• Application for amendment and supplementation, clearly stating the content of the request for amendment and supplementation. Form No. 04 Appendix II issued with Decree No. 65/2023/ND-CP;
• Documents corresponding to the content of the amended and supplemented trademark application include:
• 05 trademark samples, list of goods and services bearing the trademark for trademark registration application;
• Note: documents amending and supplementing the application must meet the regulations on such documents in Appendix I of Decree No. 65/2023/ND-CP of the Government issued on August 23, 2023.

In case of amending the name, address, country code of the applicant, name, nationality of the author, the applicant must submit a confirmation document (original or certified copy) or legal document (certified copy) proving the change (decision to change name, address; business registration certificate recording the change of name, address, etc.). In case of modification of industrial property representative, the applicant must submit a declaration of change of industrial property representative.

This content is specified in Clause 2, Article 16 of Decree No. 65/2023/ND-CP of the Government issued on August 23, 2023.

Modification and supplementation of trademark registration dossiers

Cost of amending trademark application

The cost of amending a trademark application can vary depending on the scope of amendment and complexity of the mark. Cost items that may arise when amending a trademark application include:

• Fee for appraisal of application amendment request: 160,000 VND/each amended content of each application.
• Fee for publishing revised information: 120,000 VND (from the 2nd image onwards: 60,000 VND/image).
• Fee for publishing the description from the 7th page onwards: 10,000 VND/page.

Note: In case the amendments and supplements must be made to correct errors due to the Intellectual Property Office’s error, the enterprise does not have to pay a publication fee.

However, these costs may vary depending on each specific modification case.

Legal basis: Point d Clause 2 Article 16 of Decree No. 65/2023/ND-CP of the Government issued on August 23, 2023; Section 1.3, Section 4, Part B, schedule of industrial property fees and charges, issued together with Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance.

Time to make amendments to trademark registration applications

The time to amend the trademark registration application for each case is as follows:

• In case of amending or supplementing the application before the trademark registration application is validly accepted: 01 month from the date of receipt of the application.
• In case of amendments or supplements related to the nature of the subject matter stated in the application or amendments or supplements to the content of the application after a notice of intention to refuse or grant a Trademark Registration Certificate or change the applicant application: application processing time will be extended by 03 months for trademark registration applications.

Depending on each specific case and different arising factors, the time taken to amend a trademark application also varies.

Notes when amending trademark registration applications

When amending a trademark application, there are some important notes that customers need to consider:

• Form of registration application: Each specific change needs to be clearly described as well as filled in completely and accurately with accurate information according to the regulations of the National Office of Intellectual Property.
• The reason for modifying or adjusting information about the owner, address, description of goods/services, or other elements of the trademark must be provided specifically and clearly.
• Accompanying documents: Proof documents such as identity card, business certificate, or other documents depending on the type of amendment must be accurate and complete according to regulations.
• Deadlines and fees: Check and comply with regulations on filing deadlines and fees related to amending trademark applications. Failure to comply with the deadline may result in rejection or delay in amendments.
• Track progress: Track the processing of the amended application and comply with all requests and additional requirements from the Intellectual Property Office.
• Protecting rights: Any changes when modifying the trademark do not affect the rights or value of the trademark and accurately reflect your products or services.

When making amendments and supplements to trademark registration dossiers, the person conducting them must clearly understand the processes and procedures and prepare complete dossiers in accordance with the provisions of law. Therefore, consulting with experts in this field before implementation is extremely important and necessary.

The above notes are important to ensure that the trademark application amendment process goes smoothly and effectively.

Trademark registration consulting services

Consulting services for amending and supplementing trademark registration dossiers

Amending and supplementing trademark registration dossiers aims to make the information necessary for the protection title more complete and accurate. Below are some legal services related to copyright registration that Long Phan would like to send to customers:

• Consulting and guidance on the process of amending and supplementing trademark registration dossiers;
• Examine current records to determine information that needs to be amended or supplemented;
• Support editing and adjusting records;
• Prepare documents for amendments and supplements;
• Submit applications and fees on behalf of clients;
• Deliver and receive results at home (free in Ho Chi Minh City).

Notes when amending and supplementing trademark registration dossiers play an important role in completing trademark registration documents and ensuring that customers comply with relevant legal regulations. In addition, based on the actual situation and requirements of our customers, the scope of our services for amending and supplementing trademark applications can be expanded to meet needs and expectations. of customers or to suit each specific case.

Above are some notes when amending and supplementing trademark registration dossiers that customers need to grasp. Through the above article, we hope to answer the problems that customers are facing. If you need assistance with any issues related to Note when amending and supplementing trademark registration dossiers, please contact hotline 0906.735.386, Long Phan will provide reputable and comprehensive services. package to customers.