Procedure for registering copyright for products that are trademarks

Registering copyright for products that are trademarks is an important process in protecting the rights of authors and businesses. Copyright registration not only helps establish intellectual property rights but also creates trust from customers. Through the article below, Long Phan will analyze in detail the registration conditions, procedures and documents that need to be prepared, along with the steps to carry out the copyright registration process for trademark products.

What subjects are protected by copyright?

According to Article 4 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), copyright is the right of organizations or individuals to works they have created or owned. A trademark, when considered a work of applied art, can be protected by copyright if relevant conditions are met.

Types of works protected by copyright include:

• Literary, artistic, and scientific works: Literary, scientific, musical, theatrical, cinematic, and other works expressed in written form or characters.
• Works of visual art and applied art: A trademark belongs to the group of works of applied art if it is represented by lines, shapes, colors, and layouts with useful features and cannot be easily created by people with average knowledge in the respective field.
• Photographic works, architecture, computer programs: In addition to the above types of works, objects derived from the original work are also protected by copyright, if they do not violate the copyright of the original work.

However, there are exceptions that are not subject to copyright protection, such as:

• Pure current news: Information that is only informative and not creative.
• Administrative documents and legal norms: Includes documents of state agencies or political and social organizations, and official translations of these documents.

With trademarks, if considered a work of applied art and protected, it must comply with the provisions of Article 14 of the Law on Intellectual Property 2005, amended and supplemented in 2022 and is not included in the group of subjects that are not allowed copyright protection.

The condition for registering copyright for a product is a trademark

For a trademark to be protected by copyright, it needs to meet the following basic conditions:

• Originality: The trademark must be directly created by the author, not copied from other works and not duplicate previously registered trademarks. The trademark must be novel, unique and not easily created by someone with average knowledge in the field of applied arts.
• Physical form of expression: The trademark must be expressed in a certain physical form such as through drawings, designs, or actual products.
• Do not violate regulations on mandatory design: Brands cannot use elements that are required to perform the product’s function. For example, if the appearance of a product is necessary to perform its function, it would not be protected by copyright.

Procedures for registering copyright for products that are trademarks

The process of registering copyright for products that are trademarks is carried out according to specific steps and in accordance with the law, especially Article 50 of the Law on Intellectual Property 2005 and Article 39 of Decree 17/ 2023/ND-CP. These steps ensure the legality and comprehensive protection of the trademark.

Copyright registration documents

Copyright registration dossiers for products that are trademarks include:

1. Registration declaration: Signed by the author or owner.

2. Two copies of the work: Can be electronic copies or audio or video recordings.

3. Authorization document: If the applicant is not the author or owner.

4. Documents proving ownership:

• For individuals: Copy of ID card, CCCD or passport.
• For organizations: Copy of Business Registration Certificate or establishment decision.
• If due to assignment or contract: Written confirmation is required.
• If due to inheritance: Need notarized inheritance document.

5. Written consent of co-authors: If any.

6. Written consent of co-owners: If joint ownership.

7. Consent of the person whose image is in the work: If using personal images.

Documents must be prepared accurately and completely to avoid rejection or additional requests when submitted to the Copyright Office.

Execution order

The copyright registration process for trademarked products includes the following steps:

Step 1: Prepare documents

• Gather all necessary documents as listed previously.
• Make sure documents are accurate and complete to avoid difficulties when submitting.

Step 2: Submit application

• Registration documents can be submitted to the Copyright Office or representative offices in Hanoi and city. Ho Chi Minh, and Da Nang.
• In addition, you can also send your application by post if it is not convenient to come in person.

Step 3: Appraisal and issuance of certificate

• The Copyright Office will evaluate the application within 15 working days.
• If the application is valid, the Department will issue a Copyright Certificate for the trademark.
• If invalid or refused, the Department will send a written notice with the reason for refusal.

Certification time

Certification time usually ranges from 15 to 30 working days, calculated from the time the application is submitted in full and validly.

Consulting services on copyright registration procedures for trademarked products at Long Phan

At Long Phan, we provide comprehensive legal consulting services on copyright registration procedures for trademark products. Services include:

• Advise on conditions that need to be met for a trademark to be protected by copyright.
• Support in preparing documents according to regulations, ensuring valid documents.
• Representing customers to work with the Copyright Office.
• Monitor application status and notify appraisal results from the Copyright Office.
• Update information for customers about Certificate issuance time.
• Assist customers in handling problems that arise during the registration process, such as invalid documents or additional requests.
• Consulting and support on other related issues.

Registering copyright for products that are trademarks is an important legal process to ensure customers’ intellectual property rights. This not only ensures intellectual property rights but also enhances brand value and creates trust with customers. To ensure procedures are carried out quickly and effectively, customers can contact Long Phan via the hotline 0906735386 for advice and support.