Currently, there are many individuals and organizations that have problems with the procedure for amending trademark protection titles. So, in what cases is the protection title modification done? What is the order and procedure? In the following article, DHP Law Firm will send to readers and customers regulations on amending trademark protection titles according to the latest regulations.
- Cases of modification of protection title (VBBH):
– Amendment of VBBH when there is a change in information about the name/address of the VBBH owner; change of owner of insurance policy (transfer of ownership due to inheritance, inheritance, merger, division, consolidation, ..);
– Request to record the change of the representative organization of industrial property;
– Request to narrow the scope of protection: amend some small details but do not significantly change the trademark model; request reduction of one or several products or services.
- Dossier of request for amendment of VBBH includes:
– Declaration requesting amendment of insurance policy (under form 01-SDVB in Appendix C of Circular 01/2007/TT-BKHCN);
– Original VBBH;
– Documents certifying the change of name, address (original or copy certified by a notary or a competent authority); decide to change name and address; a business registration license with a record of the change of name and address; other legal documents proving the change of name and address (certified by a notary public or by a competent authority);
Documents proving the inheritance, inheritance, merger, division, separation, consolidation, joint venture, association, establishment of a new legal entity of the same owner, transformation of the business form or under the decision of the Courts or other competent authorities);
– Documents explaining in detail the revised content;
– 05 trademark samples (if required to amend the trademark template)
– 02 copies of the regulations on the use of collective marks, 02 copies of the revised regulations on the use of certification marks (if the request for modification of the collective mark or certification mark);
– Power of attorney (in case the request is submitted through a representative);
– A copy of the receipt of payment of fees and charges as prescribed;
– Other documents (if necessary).
- Time limit for assessment: 02 months from the date of application submission.
If a narrowing of the scope of protection is required, a re-examination must be carried out. Time limit for re-examination of trademarks: no more than 06 months.
In complicated cases, the time limit for appraisal must be extended, however, it must not exceed the time limit for the first appraisal.
- Implementation results: Issue a decision to record amendments to the VBBH and publish it in the Official Gazette of SHCN or a decision to refuse to amend the VBBH. Update the revised content to the original VBBH and return the diploma to the owner.
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DHP LAW
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