How to handle objections to industrial property registration applications

When there are objections to industrial property registration applications, the applicant needs to calm down to find a way to handle them. Not all requests to oppose industrial property registration applications are accepted. Follow Long Phan’s article below to immediately pocket good tips for handling when receiving a notice of opposition to an industrial property registration application.

Procedures for publicizing industrial property registration applications

According to Clause 1, Article 110 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), industrial property registration applications that have been duly accepted by the state management agency on industrial property rights are published on the Industrial Property Rights Office. Industrial property notification according to the provisions of this Article, specifically as follows:

• A patent application is published in the nineteenth month from the filing date or from the priority date for applications that enjoy priority rights or at an earlier time at the request of the applicant.
• An industrial design registration application is published within two months from the date the application is accepted as a valid application or may be published at a later time at the request of the applicant at the time of filing but no more than seven months from the date of application.
• Trademark registration applications and geographical indication registration applications are published within two months from the date the application is accepted as a valid application.
• The layout design registration application is published in a form that allows direct search at the state management agency on industrial property rights but cannot be copied; For confidential information in the application, only the competent authority and relevant parties in the process of implementing procedures to invalidate protection titles or the process of implementing procedures to handle acts of copyright infringement Only search is allowed.

Time limit for objections to industrial property registration applications

According to Article 112 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the deadline for objections to industrial property registration applications is:

• Nine months from the date the patent application is published;
• Four months from the date the industrial design registration application is published;
• Five months from the date the trademark application is published;
• Three months from the date the geographical indication registration application is published.

What to do when there are objections to industrial property registration applications

When your application is opposed, you need to take the following steps:

Step 1: Collect valid evidence to prove that you are the true owner of the objected industrial property registered product

Step 2: Check that the objection period is still within the time limit prescribed by law.

Step 3: Make a written objection requesting an objection to the industrial property registration application and send it to the state management agency on industrial property rights.

Not every third person’s objection will be accepted. Therefore, you need to prepare sufficient documents to explain the requirements of the competent authority. In case it cannot be resolved immediately, customers can consider contacting support services like Long Phan to receive the optimal solution.

Consulting services on how to resolve objections to industrial property registration applications

Above are all the answers to what to do if an industrial property registration application is opposed. During the process of registering for protection, if you encounter difficulties because your industrial property registration application is opposed, please contact Long Phan Consulting Company for advice. As a provider of professional legal services, we will support you:

• Research third party objections, review customer records to point out unreasonable points.
• Propose and advise on strategic options to effectively resolve objections.
• Guidance and support in preparing documents and records to prove your ownership.
• Represent the owner in the process of resolving arising accountability issues.

Registering industrial property rights is an effective solution to protect intellectual property. However, the lengthy protection registration process cannot avoid difficulties. Therefore, choosing a consulting unit from the beginning is absolutely necessary. Contact hotline immediately 0906735386 of Long Phan for detailed advice.