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The trademark application examination process

22/05/2023 - 35

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– Assessment of form An application for a Trademark Registration Certificate is subject to a formal examination to determine whether it meets the valid requirements. If it meets the valid requirements, Intellectual Property Office will confirm the filing date of the valid registration application, the valid application number, and the priority date of the application […]

– Assessment of form

An application for a Trademark Registration Certificate is subject to a formal examination to determine whether it meets the valid requirements. If it meets the valid requirements, Intellectual Property Office will confirm the filing date of the valid registration application, the valid application number, and the priority date of the application and notify the applicant of the decision to accept the application.

The requirements of a valid application include general requirements, specific requirements on form, and requirements on the uniformity of industrial property application.

The regulatory deadline for form examination is one month from the date that the application is submitted to Intellectual Property Office.

– Publish the application for registration

All valid trademark applications are published in the Industrial Property Gazette by Intellectual Property Office. This gazette is published monthly. If you want to have this gazette, you can request Intellectual Property Office to provide a copy of the Official Gazette and have to pay to buy the Official Gazette.

– Appraisal of content

The content examination of a trademark application begins when the application is accepted as a valid application, and the applicant has paid the substantive examination fee. The regulatory deadline for content examination is six months from the date of publication.

The substantive examination is to determine whether the object mentioned in the application meets the conditions for trademark protection as prescribed by law. The

– Issuance of a certificate of trademark registration

Based on the results of the substantive examination, if the object mentioned in the registration application fully meets the conditions for trademark protection, Industrial Property Office will notify the applicant of the examination results and the applicant must pay the fees prescribed by law.

After the applicant pays the fees prescribed by law, Intellectual Property Office shall carry out the procedures prescribed by law to grant a certificate of trademark protection. If the applicant must not pay the fees, that trademark registration application will be canceled.

Quang Anh

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