TIKTOK CHANNEL COPYRIGHT REGISTRATION IN VIETNAM 2022

TikTok is a Chinese social media and music video platform launched in 2017 for markets outside of China. There are more and more content creators are using Tiktok as a monetization tool as well as creating a distinct brand. Therefore, owning a trademark that is separately registered and legally protected by law is indispensable for the owners.

The following essay of Doanh Tri Law will help you grasp information as well as understand the trademark registration process for Tiktok channel in Vietnam.

1. Legal basis:

- Law on Intellectual property 2019;

- Decree No.22/2018/ND-CP detailing the Law on Intellectual Property 2005, amended and supplemented on copyright and related rights in 2009;

2. Dossier for tiktok chanel copyright registration:

To prepare for tik tok channel copyright registration procedures, owners need to complete a set of documents below:

- 05 Trademark samples; Tiktok channel logo description (after checking the possibility of registration);

- 02 Trademark registered declarations for channel;

- List of products (group of products/services registered for channel content);

- Paper of attorney if the individual or unit does not directly carry out the registration procedures at a competent state agency;

- Proof of payment of fees and non-registration according to state regulations;

- Other documents (if any).

3. Tiktok brand channel registration procedures:

Trademark registration at the National Office of Intellectual Property of Vietnam is a necessary procedure to help owners establish their rights with state agencies, also require legal protection and avoid disputes at the same time.

Step 1: Checking the possibility of registration

The channel name and brand identity are especially important in branding. Each owner wants their Tiktok channel’s name to be as catchy and attractive as possible. Nevertheless, the current situation of too many Tiktok content channels formed will lead to the variety of registration names, or even logos, brand symbols. In order to avoid overlapping or confusingly similar to the name of another channel, the owner needs to conduct a procedure to check the registrarability of his/her channel name when choosing a name.

Step 2:  Trademark registration submit

Method 1: Submit your application offline

Registrants can choose to submit their application offline through directly submission or by post. Applications submitted offline must be sent to the National Office of Intellectual Property or the Representative Office of the National Office of Intellectual Property in Ho Chi Minh City. In case of asking someone else to submit the application, a power of attorney is required.

Method 2: Submit your application online

To apply for Youtube trademark registration online, a digital certificate, digital signature and an account on the online application system are required. After creating an account, it needs to be approved by the National Office of Intellectual Property before carrying out the procedures.

The application will be formally examined to evaluate its validity. Usually limited time for examination is about 01 month.

Step 3: Appraisal of trademark application

The registration application will be examined in terms of form, published in National Office of Intellectual Property and examined for content. At this step, the application will be evaluated according to the conditions of protection and determined the corresponding scope of protection. The appraisal period is about 09 months from the date since application publiced.

If the application is valid, within 02 months, the application information will be publicly announced. The form of publication is to publish it on the website of the National Office of Intellectual Property.

Step 4: Certifying an exclusive trademark registration certificate for Tiktok channel

After evaluating the content and evaluating the brand/logo used for the Tiktok channel to be protected, the National Office of Intellectual Property will certify a notice agreeing to grant a protection title, the owner will pay the licensing fee to be eligible for a certificate of registration.

In case the mark does not meet the prescribed conditions, the Office will inform a notice of its intention to refuse protection and set a time limit of 03 months for the channel owner to counter the opinion of the Office. If the owner does not respond or the objection is not convincing, the Office will officially decide to refuse.

The above article is our firm's perspective towards Tiktok channel copyright registration in Vietnam 2022. For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
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