Instructions for opposing industrial property registration applications

Article overview

Opposing industrial property registration applications is a procedure taken to protect intellectual property. This process allows organizations, individuals and businesses to object to applications that may be intrusive. Using consulting and support services will help customers resolve issues related to objections to industrial property registration applications quickly and effectively.

Opposing industrial property registration applications
Opposing industrial property registration applications

When can an objection be made to an industrial property registration application?

According to Article 112a of the Law on Intellectual Property 2005, amended and supplemented in 2022, a third person has the right to object to the granting of a protection title within the following time limits:

  • Patent application: 9 months from date of publication
  • Industrial design registration application: 4 months from the date of publication
  • Trademark registration application: 5 months from date of publication
  • Geographical indication registration application: 3 months from the date of publication

The objection must be made before the date the National Office of Intellectual Property issues a decision to grant a protection title. Organizations and individuals have the right to object if they discover that the subject matter in the application does not meet the protection conditions or that the granting of a certificate will affect their legal rights.

This regulation helps shorten the application appraisal time and creates opportunities for related parties to protect their rights. However, it also requires businesses to proactively monitor application announcement information to promptly object within the prescribed time limit.

 Cases of protest
Cases of protest

Competent authority to resolve objections to industrial property registration applications

The Department of Intellectual Property under the Ministry of Science and Technology is the only agency with authority to receive, process and resolve objections to industrial property registration applications in Vietnam. Specifically:

  • The National Office of Intellectual Property is responsible for receiving objections from third parties
  • The appraiser will review the objection and supporting documents
  • The Department has the right to request applicants and opponents to provide additional information and documents if necessary
  • The final decision on accepting or rejecting the objection is under the authority of the National Office of Intellectual Property

Procedures for opposing industrial property registration applications

Profile components

A dossier of opposition to an industrial property registration application requires the following documents:

  • Document expressing objections;
  • Documents or citations of information sources to prove objections;
  • Power of attorney (if applying through a representative);
  • Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department’s account).

Number of documents: 01 (set).

All documents must be prepared in Vietnamese. Documents in other languages ​​must be accompanied by a notarized translation into Vietnamese.

Reference content: Decision 3038/QD/BKHCN 2023.

Implementation procedures

The process of opposing an industrial property registration application includes the following steps:

Step 1: Receive application

Organizations and individuals submit 01 set of documents opposing the industrial property registration application to the National Office of Intellectual Property through one of the following forms:

  • 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 City. Ho Chi Minh and Da Nang.

Step 2: Assess the objection

  • In case the objection is filed beyond the objection deadline as prescribed in Article 112a of the Law on Intellectual Property, the National Office of Intellectual Property refuses to accept the application at the time of receipt.
  • In case the objection is related to the right to register but there is no clear basis to determine that the applicant does not have the right to file an application according to regulations or there is no clear basis to determine the right to file a trademark registration application. For signs that are or contain signs that are place names or other signs indicating the geographical origin of local Vietnamese specialties according to regulations, the National Office of Intellectual Property shall notify the objector to file a lawsuit in court. competent court according to the provisions of civil procedure law.

Within 02 months from the date the National Office of Intellectual Property issued the above notice, if the objector does not send the National Office of Intellectual Property a copy of the Court’s notice of acceptance of the case, the National Office of Intellectual Property shall consider it as an objector. The objector withdraws his or her objection and continues to process the application as if there were no objection.

In case the National Office of Intellectual Property receives a copy of the notice of acceptance of the case from the Court of the objector within the above time limit, the National Office of Intellectual Property temporarily stops processing the application to wait for the results of the dispute resolution by the Court. Court. After receiving the Court’s resolution results, the processing of the application will be conducted in accordance with that result

  • In case the protest application meets the provisions on the time limit for protest as prescribed in Article 112a of the Law on Intellectual Property, the National Office of Intellectual Property shall notify the objection to the applicant, setting a time limit of 02 months from the date of notification for the applicant to respond in writing (except in cases where the opposed mark is identical to the mark raised by the opposing party or there is a clear basis to conclude that the opposed mark is similar confusingly self-confusing or not confusingly similar to the opposing party’s mark or the opposing party’s opinion regarding the right to registration).
  • After receiving feedback from the applicant, if deemed necessary, the National Office of Intellectual Property shall notify the opponent of the feedback and set a time limit of 02 months from the date of notification for the applicant to respond. object and respond in writing to that feedback
  • The National Office of Intellectual Property handles objections on the basis of information, evidence, arguments provided by the parties (if any) and documents contained in the application and announces the results of handling objections along with The results of the appraisal of the contents of the corresponding application for the objectors.
 Time limit for processing documents
Time limit for processing documents

Consulting services on procedures for opposing industrial property registration applications in Long Phan

Opposing an industrial property registration application is a complex legal procedure, requiring professional knowledge and practical experience. Long Phan provides professional consulting services on procedures for opposing industrial property registration applications, including:

  • Review and evaluate the feasibility of opposing the client’s industrial property registration application according to the provisions of law
  • Consulting on effective, scientific protest plans that bring efficiency and increase the likelihood of success
  • Support in preparing complete and correct opposition documents regarding opposition to industrial property registration applications
  • Representing clients in submitting applications and supporting explanations to authorities, monitoring the application processing process at the Intellectual Property Office, providing timely information on changes
  • Advise on reasonable solutions in case of unsuccessful protest

Long Phan’s team has deep expertise and extensive experience in the field of intellectual property. We are committed to supporting customers in protecting their legal rights and interests during the process of opposing industrial property registration applications. Long Phan is ready to support customers throughout the entire process, from initial assessment to application submission and results tracking. For detailed advice, please contact us via Hotline: 0906735386.