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Submit a direct trademark transfer application brings many important benefits in the process of protecting intellectual property rights. Direct submission not only minimizes the risk of errors but also ensures transparency and legality in the transfer of ownership. In the article below, Long Phan will provide detailed information about the steps to carry out trademark transfer. Please refer!
According to Vietnamese law, trademark owners have the right to transfer their trademarks to other organizations or individuals. This is clearly stipulated in the Law on Intellectual Property 2005 (amended and supplemented in 2022).
Specifically:
Trademark transfer is understood as the process of transferring trademark ownership from the current owner to another entity. Trademark transfer brings many benefits, such as:
Therefore, the trademark owner has the complete right to transfer his trademark according to current legal regulations.
To ensure legality and protect the interests of all parties, trademark transfer needs to comply with a number of specific requirements, specified in Article 139 of the Law on Intellectual Property 2005 (amended and supplemented in 2022):
In addition, according to the provisions of Article 148 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), there are also regulations on conditions for industrial property rights transfer contracts to be effective. Specifically, an industrial property rights transfer contract is only valid when it has been registered at the state management agency on industrial property rights.
Preparing trademark transfer documents is an important step in the transfer process. Complete and accurate records will help the approval process take place quickly and smoothly. Accordingly, the application for registration of an industrial property transfer contract needs to include the following documents:
For collective marks or certification marks, it is necessary to additionally provide:
CSPL: Article 49 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), Article 58 of Decree 65/2023/ND-CP.
According to Article 140 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), a trademark transfer contract needs to include the following main contents:
Customers can choose one of the following two forms of submitting trademark transfer documents:
Submit directly:
Submit directly: Customers can submit directly or send by post to:
The National Office of Intellectual Property is the competent authority to receive and process trademark transfer documents. According to Clause 1, Article 58 of Decree 65/2023/ND-CP, the National Office of Intellectual Property is responsible for re-evaluating the right to file applications and regulations on trademark use.
Centralizing the authority to receive dossiers at the National Office of Intellectual Property helps ensure consistency and expertise in the processing process.
Applicants need to prepare all documents and submit them to the National Office of Intellectual Property or representative offices in Da Nang and Ho Chi Minh City. The application processing process is as follows:
If the transfer contract is approved, the transfer content will be updated in the original protection title, and then the title will be returned to the applicant.
Long Phan provides comprehensive services to support the direct trademark transfer application process including:
The process of filing a direct trademark transfer application is a complex process that requires high accuracy. At Long Phan, we provide trademark transfer consulting services to ensure smooth, compliant and time-effective transactions. If you have any questions or need professional support, please contact Long Phan via hotline. 0906735386.
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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