After
filing of the application for a trademark registration,
applicants might wish to transfer theirs application to others. There are lots of reasons for
this but most of them derives from practical business activities and development needs
of market, and society. For instance, two subjects transfer the
application to each other for profit purpose; individuals want to set up an
enterprise in the future and register a trademark as
individuals and then transfer the application to the legal person to
get early the priority date; at the moment, individuals are unqualified to
be applying in applicants’ s name then individuals
have others to do in application, in the appropriate time, and when the individuals are qualified according to
statutory, they would implement the procedure of transfer the application.
Transfer of application for a mark
registration is
implemented on voluntary basis between the parties or decision of the competent
authority and shall be presented in
the form of a written contract. However, owner of application is only allowed to
transfer application at the following times: before National Office of Intellectual Property of Vietnam makes a
decision on refusing
to accept the application, decision on issuing
or refusing to issue protection
titles. If one of the parties in contract transfers application for transfer
registration after the time
mentioned above, that application shall not be accepted.
Necessary documents when
implementing the procedure of transfer of application for a trademark registration include:
-Transfer contract: Contract must show name and address of transferor and transferee; the number
of transferred
applications or sufficient information to determine that application;
Declaration for registration
of transfer;
Power of attorney (if authorized to industrial property agent i.e. ANT Lawyers).
According to regulations, duration of
examining application for
transfer registration is 2 months from the date of submission the application. However, this duration can be
faster or slower, depending on the workload of National Office of Intellectual Property at
the time the application is examined.
If the Client would like to know more about
information and to be consulted about matters
relating to transfer
of application for a mark registration, please contact Intellectual Property department of ANT Lawyers, the trademark attorney in Vietnam.
If you are looking for an experienced IP services in Vietnam to help you with your IP application,
you should visit ANTLawyers.vn. Our attorneys have experience with the IP
process and will work closely with you as you apply for your IP.
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