Can someone else be authorized to submit a trademark application

Can someone else be authorized to submit a trademark application?

Trademark protection is essential for trademark owners because it provides them with the right to protect their trademarks from infringement by others. However, not all trademark owners may have the ability to submit a trademark application themselves. So, can someone else be authorized to submit a trademark application?

Can someone else be authorized to submit a trademark application?

According to Article 107 of the IP Law of Viet Nam 2005, there are regulations regarding representation in procedures related to industrial property rights, including trademark registration. The law states the following:

“1. Authorization in performing procedures related to the establishment, maintenance, renewal, modification, termination, or invalidation of certificates of protection must be granted through a power of attorney.

2. The power of attorney must contain the following essential information: a) The full name and address of the grantor and the person granted the power of attorney.

b) The scope of the authorization.

c) The duration of the authorization.

d) The date of issuance of the power of attorney.

e) The signature and seal (if any) of the grantor.

3. A power of attorney without a duration is considered to have indefinite validity and ceases to be valid only when the grantor declares the termination of the authorization.”

Based on the above regulations, it is possible to authorize someone else to submit a trademark application. The authorized person has the right to submit the trademark application if the power of attorney includes provisions regarding this matter.

What requirements must be met for a trademark application?

According to Article 105 of the IP Law of Viet Nam, the requirements for a trademark application are as follows:

  • The documents, specimens, and information identifying the trademark to be protected in the trademark application include:
  • The trademark specimen and the list of goods or services bearing the trademark
  • The regulations on collective trademark use and certification trademark use.
  • The trademark specimen must be described to clarify the constituent elements of the trademark and the overall meaning of the trademark (if any). If the trademark contains words or phrases in pictorial language, those words or phrases must be transcribed. If the trademark contains words or phrases in a language other than Vietnamese, they must be translated into Vietnamese. If the trademark is a sound, the trademark specimen must be an audio file and the representation in the form of a graphic of that sound.
  • The goods or services mentioned in the trademark application must be classified into appropriate groups according to the international classification table for goods and services for the purposes of trademark registration, as published by the state management agency for industrial property.
  • The regulations on collective trademark use include the following essential contents:
  • The name, address, basis of establishment, and operation of the collective organization as the trademark owner.
  • The criteria for becoming a member of the collective organization.
  • The list of organizations and individuals authorized to use the trademark.
  • Conditions for using the trademark.
  • Measures to handle violations of the regulations on collective trademark use.
  • The regulations on certification trademark use must include the following essential contents:
  • The organization or individual is the trademark owner.
  • The conditions for using the trademark.
  • The characteristics of the goods or services certified by the trademark.
  • Methods for evaluating the characteristics of goods or services and controlling the use of the trademark.
  • Expenses that the trademark user must bear for certification and protection of the trademark, if any.

Above is the article: “Can someone else be authorized to submit a trademark application?” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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Some frequently asked questions

Can a trademark application cover multiple classes?

Yes, it can. Single trademark application covering multi-classes is accepted with the provision that the official filing fee must be paid for each class.

Which classification systems are applied for Vietnamese Trademark?

The Nice 10th Classification System is applied in Vietnam in registrations for trademarks. The Vienna Classification system is used for figure trademarks.

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