After filing of the application for a trademark registration, applicants might wish to transfer theirs application to others. There are lots of reasons for
this but most of them derives from practical business activities and
development needs of market, and society. For instance, two subjects transfer the
application to each other for profit purpose; individuals want to set up an
enterprise in the future and register a trademark as individuals and then transfer the
application to the legal person to get early the priority date;
at the moment, individuals are unqualified to be applying
in applicants’
s name then individuals have others to do in application, in the
appropriate time, and when the individuals are qualified according to statutory, they would implement the procedure of
transfer the application.
Transfer
of application for a mark registration is implemented on voluntary basis between the parties or decision of the
competent authority and shall be presented in the form of a written contract. However, owner of application is only allowed to transfer application at
the following times: before National Office of Intellectual Property of Vietnam makes a decision on refusing
to accept the application, decision on issuing
or refusing
to issue protection titles. If one of the parties in contract transfers
application for transfer registration after the time mentioned above, that application shall not be
accepted.
Necessary documents when implementing the procedure of
transfer of application for a trademark registration include:
-Transfer contract: Contract must show name and address of transferor and transferee; the number of transfered applications or sufficient information to
determine that application;
- -Declaration for registration of transfer;
- -Power of attorney (if authorized to industrial property agent i.e. ANT Lawyers).
According to regulations, duration of examining application for transfer registration is 2 months from
the date
of submission the application. However, this duration can be faster or slower, depending on the workload of National
Office of Intellectual
Property at the time the application is examined.
If the Client would like to know more about information and to be consulted about matters relating to transfer of application for a mark registration,
please contact
Intellectual Property department of ANT Lawyers, the trademark attorney in Vietnam.
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