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Dragon Law_Trademark procedure

1. Application amendment, supplement:

Before the National Office of Intellectual Property has a notification about refusing valid application, granting patent or decision of granting patent, the applicant can proactively amend, supplement  the document or following the request of Department of Intellectual Property. 

For the request of amending, supplementing trademark form, list of products and service with specific trademark for trademark registration form, the applicant has to file the correspondence amendment documents, attach with the description of amendment content.

For the request of amendment, supplement for trademark, list of products, services with trademark, the applicant has to apply the amended documents and attach with the description of amendment.

The amendment, supplement does not broaden the field of protection, the content in list of products, services for the application of trademark registration and does not change the nature of object in application. If the amendment changes the field and nature of object, the applicant has to file new one and all procedure has to make again.

The applicant can request for name mistake, address mistake modification of the applicant or author.

All request for amendment, supplement have to be written   following the form 01-SDD stipulated in Appendix B – Circular 01/2007/TT-BKHCN; If the requester pay all fee with the correspondence application, he can request for one or more other related content.

The amendment, supplement application, involving the authorized person change, the applicant can proactively perform or follow the request of National Office of Intellectual Property that in writing with amendment, supplement content and attach with the receipt of fees.

2. Application divide:

The applicant can be proactive or request the National Office of Intellectual Property divide the application (Divide one part or other parts of trademark of list of product, services in application before into one or more new application, named by divide application).

The divide application has new number and the date is the original date or the priority of original date (if any).

For each divide application, the applicant has to pay fees and charges, but he does not have to pay the fee of priority request. The divided application is evaluated form and continue handling with uncompleted procedure The divided application has to public again and the applicant has to pay fee for publication if the divide was performed after the National Office of Intellectual Property has a notification for accepting valid application.

The original application (after dividing) continue handling with normal procedure and the applicant have to pay fee for amendment, supplement.

3. Application assignment:

Before the National Office of Intellectual Property have one of notification following: the notification of valid unaccepted application, the notification of unaccepting to grant patent or the decision of granting patent, the applicant can request the National Office of Intellectual Property acknowledge the assignment. This request can make following form No.02 - CGD stipulated in Appendix C, Circular No.01/2007/TT-BKHCN. In the request of acknowledge the application assignment, the person requesting for assignment has to present the provable document.

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