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How to resolve when a trademark is refused protection opens up opportunities for businesses to perfect and strengthen the protection of their intellectual property. This process requires legal understanding and appropriate strategy, but brings long-term benefits to the brand. The following article by Long Phan will guide customers on how to effectively deal with trademarks being refused protection to build a solid legal foundation for their trademarks.
Pursuant to Article 72 of the Law on Intellectual Property 2005 (amended in 2022), to be protected, trademarks need to meet the general conditions as prescribed. Specifically as follows:
In addition, not included in the cases where a trademark is considered non-distinguishing (Clause 2, Article 74 of the Law on Intellectual Property 2005 (amended and supplemented in 2022)
The refusal to grant a protection title for a trademark registration application is specified in Article 117 of the Law on Intellectual Property 2005 (amended in 2022). There are many cases that lead to the refusal to grant a protection certificate for a trademark. Specifically, when falling into the following cases:
When a trademark is refused protection, the applicant has many options to handle it. First, if the Intellectual Property Office announces its intention to refuse to accept the application, the application owner needs to review and correct errors in the application if possible.
Corrections may include adding missing information or providing rebuttals to the reasons for the proposed refusal. In case someone else objects to the trademark registration, the application owner can consider amending the trademark sample or narrowing the list of goods and services in the application.
However, it should be noted that the amendment must not change the nature of the mark and must not add goods or services to the list declared in the application. If you do not agree with the decision of the National Office of Intellectual Property, the applicant has the right to appeal.
The complaint process can begin with the Director of the National Office of Intellectual Property. If you still disagree with the results of the first complaint, the applicant can continue to complain to the Minister of Science and Technology or initiate an administrative lawsuit at a competent court.
Trademark protection is an important part of overall business strategy. With extensive experience in handling complex cases, Long Phan is confident in being able to help you overcome challenges in the trademark protection registration process and is committed to supporting you throughout the process. Resolve the problem and avoid the situation where the trademark is refused protection. Long Phan’s team will:
Resolving the problem when a trademark is refused protection is a process that requires specialized knowledge and experience. However, with professional support, you can completely overcome this challenge and successfully protect your intellectual property rights. If you still have questions, please contact Long Phan immediately via hotline 0906735386 for detailed advice and to build an effective trademark protection strategy.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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