Assignment of a trademark application, also known as a transfer of a trademark application, is the right of the trademark registrant. Although the mark has not been granted a protection title, the applicant still has rights to his or her application. Before the NOIP issues a decision to refuse to accept a valid application, a decision to refuse to grant a protection title or a decision to grant a protection title, the applicant may request the NOIP to record the change of the applicant on the basis of assignment, inheritance, inheritance or decision of a competent authority. In the following article, DHP Law will introduce to readers and customers the procedure for transferring trademark registration applications.
- A transfer dossier includes:
– 02 Declarations requesting recognition of transfer of industrial property registration applications, typed according to form No. 01-CGD Appendix B of Circular No. 01/2007/TT-BKHCN;
– Documents on transfer of industrial property registration applications (which clearly state the names and addresses of the assignor and the assignee; the number of the transferred application or sufficient information to identify the application);
– Power of attorney (if the request for transfer of the application is filed through an industrial property representation service organization)
- Application form: The applicant can choose to apply in person or by post or to submit an application online through the National Office of Intellectual Property’s online public service portal.
- Time limit for processing a request for transfer of a trademark registration application: 02 – 04 months from the date of submission of a complete dossier.
- Results of carrying out procedures: The NOIP will issue a decision to recognize the transfer of industrial property rights. The assignor will not have the right to the registration, nor the right to the trademark after the license is granted. The transferee will become the applicant, monitor the application examination process and they become the trademark owner when the competent authority decides to grant the protection title.
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