Recordal
of Trademark Assignment in Vietnam
Assignment of a trademark right means the transfer of ownership
right by owner of such trademark right to another organization or individual.
Trademark Assignment in Vietnam be
established in the form of written agreement. Oral agreements, letters or
telegrams shall not be accepted and have no legal effect.
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Recordal of Trademark Assignment in Vietnam
Required documents
You are required to provide us the following
documents:
-One executed original of Deed of Assignment,
which must be signed and sealed by both Assignor and Assignee. Since the Deed
of Assignment has two pages, both Assignor and Assignee should sign on each
page or use company stamp to inter-cross seal over all pages (NO
further notarization or legalization is required);
-A Power of Attorney (POA) that should
only be signed by the Representative of Assignee;
-The relevant original Certificate of
Trademark Registration (if recording the assignment for a registered one).
Procedures and time
After the recordal of assignment is completed,
the NOIP will issue the following documents:
-The Notice of Assignment Recordal in case of
a pending Trademark Application.
-The Certificate for Registration of Deed of
Assignment in case of Trademark Registration in Vietnam.
In addition, the name and address of new owner
will be endorsed on the last page of this Certificate of Trademark
Registration.
The whole duration for recordal of assignment
in Vietnam will in straightforward case is 2 months counted from the filing
date. However, in practice, this duration can be extended from 3-6 months.
Other matters
Under Vietnam Intellectual Property Law, the trademark assignment will not be approved in the following
cases:
-The subject mark for assignment
identical/confusingly similar to the trade name of assignor as it shall cause
the confusion as to the origin of goods or services with those of
assignor.
-The subject mark for assignment similar or
identical to other trademarks but not for assignment of Assignor in respect of
similar goods or services as it shall cause the confusion as to the origin of
goods or services with the rest of assignor.
ANT Lawyers - IP services in Vietnam located in the business centers of Hanoi,
Danang, Ho Chi Minh city. We provide convenient access to our clients. Please
contact our lawyers in Vietnam for Trademark
registration services in Vietnam via
email ant@antlawyers.vn or call our office at +84 28 730 86 529.
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