A. Documents to prepare when filing a trademark application

1. Documents required for the application (minimum documents)
– 02 trademark registration declaration forms (according to the trademark registration declaration form in Appendix 1 – Decree 65/2023/ND-CP);
– 05 attached brand samples;
– Proof of payment of fees and charges.

In case the trademark registration application is for a collective mark or certification mark, in addition to the minimum documents mentioned above, the application must also contain the following documents:
– Regulations on the use of collective marks or certification marks;
– An explanation of the characteristic (or unique) nature and quality of the product bearing the mark (if the mark is registered as a collective mark used for products with specific characteristics or as a certification mark product quality or a mark certifying the geographical origin of local specialties);
– Map of geographical area (if the registered trademark is a trademark certifying the geographical origin of the product, or the trademark contains place names or signs indicating the geographical origin of local specialties).
– Document of the People’s Committee of the province or centrally run city permitting the use of place names or other signs indicating the geographical origin of local specialties for trademark registration (if the registered trademark is a trademark). collective, certification marks containing place names or other signs indicating the geographical origin of local specialties).

2. Other documents (if any)
– Power of attorney (if applying for registration through industrial property representation service organizations);
– Documents confirming permission to use special signs (if the trademark sought to be protected contains symbols, flags, badges of domestic and international agencies and organizations…);
– Documents confirming registration rights;
– Documents confirming the enjoyment of registration rights from another person;
– Documents proving priority rights (if the 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 trademark samples 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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