Latest trademark registration declaration form 2024

Trademark registration declaration is an important document in the trademark protection process in Vietnam. The latest 2024 declaration form includes content on applicant information, trademark sample, list of goods/services and accompanying documents. The article below will provide detailed instructions on how to fill out the declaration and requirements related to trademark registration documents.

Conditions for trademark protection

To be protected, a trademark must meet the following conditions:

• A visible sign in the form of letters, words, drawings, images, holograms or a combination of such elements, represented by one or more colors or audio signs expressed in the form of graphic form.
• Able to distinguish the trademark owner’s goods and services from those of other entities.
• Not falling into the cases where protection is prohibited or denied according to the provisions of law.

To determine whether a mark is distinctive or not, it is necessary to consider whether the mark is made up of one or several easily recognizable and memorable elements or from many elements combined into an easily recognizable whole. , easy to remember and not in the cases of signs considered indistinguishable according to the provisions of the Intellectual Property Law.

Trademarks consisting solely of descriptive or common signs are not generally considered distinctive.

In addition, the trademark must not be identical or confusingly similar to a previously registered or widely used trademark. Searching and evaluating the distinctiveness of a trademark is an important step before submitting an application for registration.

Latest trademark registration declaration

Trademark registration declaration form

The latest trademark registration declaration form is specified in Form No. 08 issued with Decree 65/2023/ND-CP. The declaration includes the following main contents:

• Information about the applicant: Name, address, nationality of the organization/individual registering the trademark.
• Brand information: Brand model, brand type, brand description.
• List of goods and services bearing the trademark: List groups and names of goods/services according to the Classification of goods and services according to the Nice agreement.
• Attached documents: Authorization letter, documents proving registration rights, trademark use regulations (for collective marks, certification)…
• The applicant’s commitment to the truthfulness of the declared information.

Using the correct form and filling in all information completely and accurately will help facilitate the application appraisal process.

>>> Download: Trademark registration declaration form

Instructions for filling out the trademark registration declaration

To fill out the trademark registration declaration accurately, you should note the following points:

• Trademark section: Paste the brand sample size no larger than 80x80mm. Mark the type of registered trademark (common, collective, certification). Clearly describe the constituent elements and meaning of the trademark. The trademark sample must be presented in the correct colors that need to be protected, otherwise the trademark sample must be presented in black and white.
• Application owner section: Fill in the full name, address, and contact information of the organization/individual registering the trademark (according to the Business Registration Certificate). If there are multiple application owners, declare on the additional page.
• Representative section of the application owner: Mark the representative as a legal representative or an authorized industrial property representative organization. Fill in the representative’s contact information.
• Priority request section: If there is a priority request, provide information about the first application.
• Fees and charges section: Mark paid fees and clearly state the amount.
• Documents section included in the application: List attached documents such as power of attorney, documents proving registration rights…
• Category of goods/services: List by group and specific name of goods/services bearing the trademark.
• Commitment section: The applicant signs and stamps (if an organization) to confirm the declared information.

Filling out all information completely and accurately will help facilitate the application appraisal process, avoiding rejection or requests for amendments and supplements.

Trademark registration process

Prepare documents

Trademark registration dossier includes the following documents:

• 02 Trademark registration declaration according to Form No. 08.
• 05 brand samples sized 80 x 80 mm.
• 01 Copy of fee payment voucher.
• 01 Power of attorney (if applying through a representative).
• 01 Document proving registration rights (if beneficiary is from another person).
• 01 Documents proving priority rights (if claiming priority rights).\
• List of goods and services bearing registered trademarks

For collective marks or certifications, it is necessary to supplement:

• 01 Regulations on trademark use.
• 01 Explanation about the characteristics and quality of the product (if any).
• 01 Geographic area map (if certifying geographical origin).
• 01 Written permission from the People’s Committee of the province/city (if the mark contains geographical elements).

Full and accurate preparation of the above documents will help the application appraisal process go smoothly.

Implementation procedures

The trademark registration process includes the following main steps:

1. Step 1: Look up the trademark

• Check whether the trademark you intend to register is identical or similar to another trademark.
• Preliminary searches can be done for free on the website of the National Office of Intellectual Property or for a fee.
• Collect and complete documents as prescribed.

1. Step 2: Submit application and registration fee

Applicants can choose to submit a trademark registration application to the Intellectual Property Office in two ways:

Method 1: Paper application form:

Individuals and businesses can apply for trademark registration directly or via postal service to one of the application receiving points of the National Office of Intellectual Property:

• Head office of the Department of Intellectual Property. Address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city);
• Representative office of the National Office of Intellectual Property in Ho Chi Minh City. Address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City;
• Representative office of the Department of Intellectual Property in Da Nang city. Address: 3rd Floor, No. 135 Minh Mang, Khue My Ward, Ngu Hanh Son District, Da Nang City.

In case of submitting a trademark application by post, the applicant needs to transfer money through the post office service, then photocopy the Money Transfer Receipt and send it along with the application file to one of the application receiving points. mentioned above by the National Office of Intellectual Property to prove the amount paid.

Method 2: Online application form

• Individuals and businesses can submit online applications through the National Office of Intellectual Property’s online public service portal via the link: http://dvctt.noip.gov.vn:8888/HomePage.do;
• Conditions to apply online: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System and have their account approved by the National Office of Intellectual Property to perform transactions. Register Intellectual Property rights.
• Within 01 month from the date of submitting the online application, the applicant must go to one of the application receiving points of the National Office of Intellectual Property on working days during business hours to present the Confirmation of documents submitted online. route and accompanying documents (if any) and pay fees/charges as prescribed.

1. Step 3: Appraise the form

• The National Office of Intellectual Property checks the validity of the application.
• If the requirements are met, the level decides to accept the valid application.

1. Step 4: Publish the application within 02 months from the date the trademark application has a decision to accept the valid application
2. Step 5: Content appraisal

• Check the trademark protection conditions.
• If the requirements are met, a notice of intention to grant a protection title will be issued.

1. Step 6: Grant of protection certificate

• If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property will issue a decision to refuse to grant a protection certificate;
• If the subject matter stated in the application meets the protection requirements, and the applicant pays fees and charges in full and on time, the National Office of Intellectual Property will issue a decision to grant a protection certificate and record it in the Register. National registration of trademarks and publication in the Industrial Property Official Gazette.

Trademark registration service at Long Phan

Long Phan is a unit with many years of experience in the field of intellectual property, providing professional trademark registration services with the following service scope:

• Consulting on appropriate trademark protection strategies.
• Look up and evaluate the possibility of trademark registration.
• Prepare complete and accurate registration documents.
• Monitor and handle problems that arise during the registration process.
• Support after granting protection certificate.

With a team of experienced experts, Long Phan provides quality and effective trademark registration services to customers.

The trademark registration declaration is an important step in the trademark protection process. For detailed advice on how to fill out declarations and trademark registration procedures, please contact Long Phan hotline 0906735386. Long Phan’s team of experts will be ready to assist customers in completing Complete documents and successfully register trademark.