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ASSIGNMENT OF TRADEMARK REGISTRATION APPLICATIONS DURING THE EXAMINATION PROCESS

"Trademark assignment" is a common term when referred to the time which the trademark owner transfers his ownership to another organization or individual. This transfer assignment is made by registering a contract of transferring industrial property rights at the National Office of Intellectual Property (NOIP).

That is for trademarks that have been granted protection titles. However, in case your trademark has not been granted a protection title in the process of registration, is it transferable? What does the trademark assignment procedure include? According to this article, DOANH TRI LAW FIRM would like to provide you the procedures that arise when you transfer a trademark application/conduct a trademark assignment.

I. Is it possible to transfer a trademark application that is in the process of examination?

Although the trademark has not yet been granted a protection title and is still in the process of examining a trademark registration application, the applicant may still have the right to his/her application. The application owner is still free to transfer the trademark application before the certificate is granted.

The law on Intellectual Property is specified in Clause 16, Article 1 of Circular 16/2016/TT-BKHCN on the recognition of application owners on the basis of the assignment of applications. Specifically, before the NOIP issues a decision to refuse the application, a decision to refuse to grant a protection title, or a decision to grant a protection title, the applicant may request the transfer of the application or multiple applications of the same application owner, this transfer may be made on one declaration, provided that the transfer fee must be assessed according to the corresponding number of applications.

In case the trademark owner wishes to transfer his trademark application, he needs to submit a dossier to the state competent (here is the NOIP). The documents in the dossier are specified as below:

2. Dossier for transfer of a trademark application

(1) Documents on the transfer of the application for industrial property registration (original or a copy certified by the notary public or competent authority) must contain at least:

- Names and addresses of the transferor and transferee;

- The number of transferred applications or information sufficient for a determination of such applications;

(2) Request for recognition of application transfer must be made using the Form 02-CGD provided in Appendix B of this Circular. The applicant may request a transfer of multiple applications of the same applicant in a form, provided that he/she pays fees for examination of the request for application transfer according to the number of corresponding applications;

(3) In case the request for transfer of the application for trademark registration is filed after the issuance of the notice of granted application, the application for trademark registration shall be re-examined and the transferred contents shall be published. The applicant must pay prescribed fees for application examination and publication.

(4) Documents proving payment of the registration application transfer fee.

(5) The time of application transfer is 2 months from the date of filing the application transfer application.

 

If customers have questions or need any advice, please contact Doanh Tri Law firm through the following forms: 

Hotline: 0911233955

Email: luatdoanhtri@gmail.com

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