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trademark assignment application

Why was your trademark assignment application in Viet Nam rejected?

Trademark assignment refers to transferring ownership rights from the trademark owner to the assignee. Without careful consideration and in-depth practical experience in the field of intellectual property, the trademark you pay for buying/assigning may not legally belong to you. Why was your trademark assignment application in Viet Nam rejected?

Cases of trademark assignment application


Instead of having to carry out a long-term, costly promotion and communication campaign with uncertain results, many businesses choose to purchase another’s trademark for business development and investment. In this case, purchasing another’s trademark means buying the reputation and fame associated with goods/services bearing the trademark to shorten the time for your products/services to reach the public.

In another case, trademark assignment can occur when two companies merge or the trademark owner ceases business operations, dissolves the company, or declares bankruptcy, so the trademark is assigned to another entity.

Reasons trademark assignment application is rejected and remedies

Below are common cases where trademark assignment requests are rejected by the IP Office and some suggestions on remedies:

1. The assigned trademark contains elements identical or similar to the assignor’s commercial name.

Based on this principle, if the trademark contains elements identical or similar to the assignor’s commercial name, the assignment would be considered misleading to the public about the characteristics, and commercial origin of goods/services, and fall under prohibited cases under IP Law.

The assignor transfers their entire business facilities and operations under that commercial name to the assignee. That is, if the trademark contains elements identical or similar to the assignor’s commercial name, you must request the assignor/trademark owner to transfer their entire business facilities and operations under that commercial name to you; or

The assignor removes any related business sectors involving products/

services bearing the trademark from their Business Registration Certificate. That is, if the trademark contains elements identical or similar to the assignor’s commercial name, you must request the assignor remove any business sectors from their Business Registration Certificate that are identical/similar to the assigned trademark; or

The assignor has been dissolved, no longer exists after signing the trademark assignment contract; or

The assignor has changed their name after signing the assignment contract such that it no longer contains elements identical or similar to the assigned trademark, and this change is recorded in the Business Registration Certificate

2. The assigned trademark is similar and likely to cause confusion with a trademark in a pending trademark application or a trademark still owned by the Assignor according to a Registration Certificate of Trademark.

If you purchase a trademark from an assignor without thoroughly checking the assignor’s portfolio of owned trademarks to determine which trademarks they have pending applications for and already registered in Vietnam, your trademark assignment contract risks being rejected if the assigned trademark is deemed similar and likely to cause confusion with a trademark in a pending application or a trademark still owned by the Assignor according to a Registration Certificate of Trademark.

To remedy the above shortcoming, you must submit an application requesting assignment of all similar trademarks owned by the assignor to you, or submit an application requesting termination of effect of the remaining Registration Certificates of Trademark.

3. The assigned trademark contains elements that could make the goods/services within the scope of the assignment likely to be confused in terms of origin, characteristics, functions, quality, value, etc.

Your assignment request may be rejected by the IP Office if the assigned trademark contains a geographic location as an element but you/your company do not have an address in that location.

To remedy this issue, if possible and appropriate to your circumstances, you should provide documents evidencing the relationship between the parties (assignor and assignee being subsidiaries of the same conglomerate or the assignor being a subsidiary of the assignee and vice versa) and documents on production and business strategies as well as the use of the trademark by the Parties meeting the condition of no likelihood of confusion as to goods/service origin.

4. The goods/services within the scope of assignment could be likely confused with goods/services within the remaining list owned by the Assignor (for cases where the scope of assignment is partial of the list of goods/services

Partial trademark assignment is possible in Vietnam, which means you can request assignment of the trademark for some goods/services within a class of goods/services or for one class among several classes of goods/services in the Trademark Registration Certificate. For cases where the scope of assignment is partial to the list of goods/services bearing the trademark:

The assigned class of goods/services bearing the trademark or products/services within the assigned class of goods/services must be independent and not cause a likelihood of confusion with the remaining class of goods/services bearing the trademark or the remaining products/services within the class of goods/services.

5. The assignee is not an organization or individual with the function of manufacturing or trading products/services bearing the assigned trademark.

According to Article 139.5 of IP Law:
Rights to a trademark can only be assigned to an organization or individual meeting the conditions for registration of that trademark.

The right of trademark registration is stipulated in Article 87.1 of IP Law, whereby:
Organizations or individuals have the right to register a trademark for goods they manufacture or services they provide.

6. Assignment price in the Trademark Assignment Contract


Your trademark assignment contract risks being rejected in cases where: The assignment price is not clear because the contract must stipulate a specific assignment price for the assigned IP subject.

7. The Trademark Assignment Contract form does not meet the requirements


The trademark assignment contract must meet form requirements. If multi-page, each page must bear signatures of the assignor and assignee for verification, or a stamped seal across pages. The contract must specify the full date and signatures (and seals if any) of the assignor and assignee. Representatives signing for each party must be legal representatives.

Above is the article:” Why was your trademark assignment application in Viet Nam rejected?” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
Call/WhatsApp: (+84) 9 0228 3469
Thanks a lot.

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Issues of copyright protection with foreign elements

Issues of copyright protection with foreign elements

With the current level of development, the exchange and dissemination of culture between countries is highly necessary. At such times, foreign copyrights are also paid great attention to, in order to protect works and authors as well as promote creative development and attract foreign investment in the fields of authorship and culture. How about Issues of copyright protection with foreign elements?

Who can register a copyright with foreign elements?

According to Article 13 of the Law on Intellectual Property, organizations, and individuals who have copyrighted works include those who directly create the works and copyright owners.

Specifically, authors and copyright owners include:

– Vietnamese organizations and individuals;

– Foreign organizations and individuals whose works are first published in Vietnam and have not been published in any other country or are published simultaneously in Vietnam within 30 days from the date the works are first published in another country;

– Foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties to which the Socialist Republic of Vietnam is a party.

Therefore, according to the above regulations, copyright with foreign elements can be understood as foreign organizations and individuals whose works were first published in Vietnam and foreign organizations and individuals whose works are protected in Vietnam under international copyright treaties.

Principles of copyright protection with foreign elements

The principles of copyright protection with foreign elements are divided into 02 cases:

– Works protected under the provisions of an international treaty on copyright to which Vietnam is a party. In this case, the provisions of the international treaty that Vietnam is a party to will be applied to regulate copyright protection.

Currently, Vietnam is a party to international treaties such as the Berne Convention, the Agreement between Vietnam and the United States…

– In the absence of an international treaty: Copyright protection for foreign elements in Vietnam is carried out in the following cases:

+ Works first published in Vietnam;

+ Works published in Vietnam within 30 days from the date of first publication in other countries.

Copyright protection with foreign elements under Vietnamese law and international law

According to Article 774 of the 2015 Civil Code regulating copyright with foreign elements:

“The copyright of foreign individuals and foreign legal entities for works first published or disclosed in a certain form in Vietnam or created and expressed in a certain form in Vietnam shall be protected in accordance with the law of the Socialist Republic of Vietnam and international treaties to which the Socialist Republic of Vietnam is a party.”

In addition, Article 13 of the Law on Intellectual Property also regulates the registration of copyright protection for Vietnamese organizations, individuals, foreign organizations, and individuals within 30 days from the date the works are first published abroad is also protected in Vietnam. 

Current forms of international copyright protection include:

– Signing or joining multilateral international treaties such as the Berne Convention 1886, the TRIPs Agreement 1994, the WPPT Treaty 1994…

– Signing bilateral agreements such as the Vietnam-US Agreement 1997, the Vietnam-Switzerland Agreement 1999… 

– Protection based on the principle of reciprocity: The parties grant each other protection for the works of citizens of each party.”

Above is the article:”Issues of copyright protection with foreign elements” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
Call/WhatsApp: (+84) 9 0228 3469
Thanks a lot.

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Importance of patent registration

Importance of patent registration

The invention promotes the exploration and development of new technologies and products. This creates progress and innovation, improving the quality of life and bringing significant improvements in various fields such as healthcare, information technology, and energy. Invention brings many important benefits to human life and development. So the importance of patent registration?

What is an invention?

An invention can be a new invention, product, method, process, or design that is a breakthrough or provides improvements over existing ones. It often requires creativity, clever thinking, expertise, and research efforts to create a new and useful solution.

Inventions are protected by exclusive rights through the issuance of a patent or utility solution certificate.

Importance of patent registration

Registering a patent is important because it brings many benefits to the registrant. Here are some important reasons:

  1. Protecting intellectual property rights: Patent registration helps protect the intellectual property rights of the registrant for an invention or innovation. It ensures that the owner has the exclusive right to use, sell, or transfer their invention.
  2. Preventing copying: When there is a new idea or product, patent registration helps prevent unauthorized copying or use by others. This helps protect your creative work and ensures that you have the legal right to control the use of your product or technology.
  3. Creating business opportunities: Patent registration provides the registrant with business opportunities and profit from their invention. By owning intellectual property rights, the registrant can earn royalties from the use, sale, or licensing of the invention to other companies and generate income from this.
  4. Increasing brand value: When a company has intellectual property rights, it creates an increased brand value. The exclusive right to use a unique product or technology helps create a competitive advantage and attracts interest from customers and investors.
  5. Encouraging innovation: Patent registration encourages individuals and organizations to invent and innovate. Having a clear process for patent registration encourages people with new ideas and advanced technology to share and develop.

In summary, patent registration benefits the registrant by protecting intellectual property rights, preventing copying, creating business opportunities, and increasing brand value. Additionally, it encourages innovation and technological progress.

The agency responsible for patent registration in Vietnam is the National Office of Intellectual Property. It is an agency under the Ministry of Science and Technology of Vietnam, based in Hanoi.  To register a patent in Vietnam, individuals or companies wishing to register need to submit the documents and materials related to their invention to the National Office of Intellectual Property. After examination, if the application meets the requirements for creativity, novelty, and recognition, the National Office of Intellectual Property will issue a patent certificate.

GreenIP is an intellectual property representative organization specialized in providing services for trademark, patent, industrial design, copyright, and plant variety registration. We provide intellectual property services in countries worldwide and legal services in countries in the ASEAN region, such as trademark protection registration, representative office establishment, and branch office registration. Our team consists of experienced and passionate intellectual property lawyers, engineers, and experts dedicated to protecting your intellectual assets. At GreenIP, you will receive effective, flexible, and timely support to successfully protect and manage your intellectual property assets. We aim for sustainable development for our clients and ourselves. Please contact us for our services.

Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia

Call/WhatsApp: (+84) 9 0228 3469

Thanks a lot.

When do clients need to carry out the procedures for renewal of trademark registration in Vietnam?

Under Circular No 01/2007/TT-BKHCN (Article 20.4.b), Clients should note the following provisions when renewing trademark registration:

Pursuant to Circular 01/2007 / TT-BKHCN – Article 20, Clause 20.4. item b. Amendment, changing of protection title holder, narrowing of the scope of protection, maintenance, and extension of validity of a protection title must note the renewal of trademark registration in Vietnam as follows:

– Within 06 months prior to the expiration date, the Certificate holder must submit an extension request to the NOIP.
The Certificate holder can renew it late, but the deadline for renewing is not more than 06 months from the date of expiration of the protection term. In this case, in addition to having to pay the renewal fee, the Certificate holder has to pay a late renewal fee (10% of the renewal fee for each late month). Therefore, trademark owners should pay attention when renewing the trademark registration on time to avoid the expiration of the trademark protection title, affecting production and business activities.

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