Instructions for applying for industrial design registration in Vietnam

Instructions for applying for industrial design registration in Vietnam

In this article, BIGPRO would like to provide customers with the contents that applicants need to prepare when wanting to apply for industrial design registration in Vietnam.
– What documents are included in an industrial design registration application?
– How to apply?

A. Documents to prepare when applying for industrial design registration

1. Documents required for the application (minimum documents)
– 02 Industrial design registration declarations, (according to the trademark registration declaration form in Appendix 1 – Decree 65/2023/NĐ-CP);
– 01 industrial design description;
– 04 sets of industrial design photos/drawings.
– Proof of payment of fees and charges.

The industrial design description must include the following contents:
+ Name of industrial design;
+ Field of industrial design use;
+ The closest similar industrial design;
+ List photos or drawings;
+ Detailed description of the industrial design;
+ Request for industrial design protection.

2. Other documents (if any)
– Power of attorney (if the industrial design registration application is filed through an industrial property representation service organization);
– Certificate of transfer of application rights (if any);
– Document confirming registration rights (if beneficiary is from another person);
– Documents proving priority rights (if the industrial design registration application requires priority rights).

3. General requirements for registration application
– Requirements for declarations and requirements for the form of documents submitted with the declaration are specified in Part II, Part III – Appendix 1 – Decree 65/2023/ND-CP;
– Requirements for industrial design descriptions, sets of photos, and industrial design drawings are specified in Part IV – Appendix 1 – Decree 65/2023/ND-CP.

B. How to apply
According to Article 89 – Intellectual Property Law No. 11/VBHN-VPQH dated July 8, 2022
1. Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, foreign organizations and individuals with production and business establishments in Vietnam apply to register industrial property rights directly. directly or through a legal representative in Vietnam.
2. Foreign individuals who do not permanently reside in Vietnam, foreign organizations and individuals without production or business establishments in Vietnam submit an application to establish industrial property rights through a legal representative in Vietnam. Vietnam.
3. Applications for registration of industrial property rights are submitted in paper form to the state management agency on industrial property rights or electronically according to the online application system.

C. Application form
Applicants can submit a trademark registration application directly or via postal service to the Department of Intellectual Property located at 386, Nguyen Trai Street, Thanh Xuan District, Hanoi City or two representative offices. Representatives of the Department of Intellectual Property in Ho Chi Minh City and Da Nang City.

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