Vietnam Trademark Registration

Vietnam Trademark Registration

Vietnam trademark registration are required register IP protection at National Office of Intellectual Property of Vietnam (NOIP). National Office of Intellectual Property of Vietnam (NOIP) is the government body responsible for registering IP protection.

 

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Vietnam Trademark Applications

Each application can be used for one trademark only. However, multi-class applications are possible in Vietnam, accordingly up to 45 classes of goods and services can be claimed under one application. The goods and/or services under the application must be classified according to the International Classification of Goods and Services under the Nice Agreement

 

The NOIP accepts a general power of attorney for trademark filings of one applicant. In case the power of attorney specifies particular marks of the trademark applicant, then separate power of attorney will be required for any subsequent marks of the applicant not specified in the original power of attorney. Requirements to the Power of Attorney. The POA must be submitted within 1 month from filing the trademark application in Vietnam. Notarization or legalization is not required. However, the certified copy of the priority document must be translated into Vietnamese.

 

Vietnam Trademark Examination

All trademark applications will be examined by the National Office of Intellectual Property of Vietnam (NOIP) with respect to formality requirements. If the application is found to satisfy the formality requirements, then it will be accepted as legitimate by the NOIP in a Notification of Acceptance which provides official filing date, official filing number, and priority date if any. In case the application does not meet the formality requirements, the NOIP will reject the application by a Notification of Refusal of Acceptance or request corrections or amendments, as the case may be.

 

Upon expiry of the formality check and where the application is accepted as legitimate, the application will be published in the IP Gazette from the acceptance date and then, passed to substantive examination which takes place within a 06 month period from the date of publication of the application. The substantive examination is to consider whether the claimed trademark (i) possesses distinctiveness and (ii) is of those signs excluded from trademark protection.

 

Acceptance of Protection

If upon expiry of the substantive examination, the trademark is found to be registrable, the NOIP will grant Certificate of Trademark Registration for the trademark, and publish the Certificate in the IP Gazette.

 

Where the trademark is unregistrable, the National Office of Intellectual Property of Vietnam (NOIP) will issue a Notification of Examination Result of Application notifying the applicant of the intended refusal of grant of the certificate and reasons therefore, or of the deficiencies or amendments which should be corrected or made. The applicant has 2 months to reply or make necessary amendments. If the applicant fails to reply or the response is not appropriate, the NOIP will officially issue a Notification of Refusal of Granting Certificate of Trademark Registration. To the contrary where the response is satisfactory, the Certificate of Trademark Registration or Decision of Acceptance of Protection will be granted as above mentioned.

 

Vietnam Trademark Protection

 A certificate of Vietnam trademark registration shall be effective from the granting date and last for 10 years from the filing date, and can be renewed for indefinitely for each consecutive 10-year term. Renewal request may be filed late within a 6-month grace period.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline603-21418908;
24 hours Hong Kong hotline852-27837818;
24 hours Hong Kong hotline86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP: http://www.tannet-group.nethttp://en.tannet.com.my

New Zealand Trademark Registration

New Zealand Trademark Registration

New Zealand trademark registration can be obtained for words, logo, numerals, slogan, device and more. It is provides legal right of exclusivity for use of the mark to the owner of the trademark. New Zealand trademark registration is however a long process involving multiple steps. In this article we cover the trademark registration process in New Zealand.

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New Zealand Trademark Search

Before filling a New Zealand trademark to the official trademark office for registration, we strongly suggest having a thorough search conducted. Due to processes of search conducted, you will know the chances of successful registration in a matter. We will conduct a comprehensive search of the records held in the 'trademark registry' by the government office, and report to you on any trademarks found to be identical or deceptively similar to yours.

 

Unlike business or company name registration, it can sometimes be difficult to register your trademark if a similar mark is already in place. From comprehensive report can advise you of options to overcome difficulties. We will also advise you on matters, other than conflicting trademarks, that may cause problems or difficulty in registering your mark.

 

Filing an New Zealand Trademark Application

Once the search is finalized, or if you choose not to have a search conducted, we can file a New Zealand Trademark application with the government office on your behalf. It is at this stage, we must specify which of the 45 classes we are applying under. A fee is charged per class or category required. A class is essentially a category of goods or services. For example, if your trademark is to identify a clothing label, then only one class would be required. However, if the trademark was also the name of your shop then an additional class would be required.

 

New Zealand Trademark Examination

Once filed, the government office will send a letter out within two weeks, to acknowledge the application as filed and to allocate your official trademark number. This number remains for the entire life span of your trademark.

 

The government office will then ‘examine’ your trademark application. This is to ensure that it complies with the rules and regulations of trademark registration, and to ensure there are no other issues that should prevent registration. The results of this examination will mirror those provided by our office at the search stage, in nearly all cases. The examination conducted by the government office will take approximately four months, at which time they will forward either an ‘acceptance letter’, or an ‘adverse report’.

 

If your trademark is accepted, your trademark will be advertised in the Official Journal of Trademarks on a date specified at the time of acceptance. Once advertised, a formal ‘opposition period’ will follow. An opposition period is for three months and means that any third party can file an official objection against your trademark becoming registered.

 

If the registrar issues an examination report, it means that a problem, of some description, has been found. If this is a minor issue, we will attend to it on your behalf and report to you accordingly. However, if it is a bigger issue, such as a similar mark has been found, or the trademark has been deemed generic, we will need further information from you, in most cases, before responding the report.

 

New Zealand Trademark Protection

Once your mark has been accepted, and presuming no third party objects to your registration during the standard three month opposition period, your trademark will become registered for a period of ten years from the date of filing.

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline603-21418908;
24 hours Hong Kong hotline852-27837818;
24 hours Hong Kong hotline86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP: http://www.tannet-group.nethttp://en.tannet.com.my

UK Trademark Registration

UK Trademark Registration

The legal basis of UK trademark law is the Trademark Law 1994. The United Kingdom is a member of the Paris Convention and the Madrid Protocol. 

Conditions for the Registration of UK Trademarks
Application for registration as a trademark symbol must be significant, that is able to distinguish their products or services with others to provide the product or service area.

Words, designs, letters, numbers, product shapes or their packaging may be registered in the UK as trademarks, but certain marks may not be registered (Trademark Law 1994, Articles 3 – 8), including:

  • offensive signs, such as pornographic images;
  • A purely descriptive mark that merely describes the characteristics of the relevant product or service;
  • misleading signs;
  • too common signs, not significant, etc.;
  • is a generic name in the business sector;
  • Signs with special protection such as the national flag.

Requirement for UK Trademark Registration

  1. Trademark search/registration form (provided by Tannet).
  2. A sample of trademarks in JPEG format.
  3. The goods or services used in the designation of the trademark (according to the Nice International Classification Table)
  4. A copy of the applicant's identification document (a copy of the business license is provided at the time of application, and a copy of the personal ID card and a business license of the individual business owner with the individual as the person in charge) .

 

Contact us :

If you have further queries, please contact Tannet

Malaysia hotline:603-21418908;

Email: mytannet@gmail.com

TANNET GROUP : http:www.tannet.com.my

Overview of Trademark Opposition

Overview of Trademark Opposition

Trademark Opposition (Trademark Objection) is a legal proceeding, available in most jurisdictions, in which a party seeks to prevent a pending application for a mark from being granted registration. Although the specific grounds for bringing an opposition vary by jurisdiction, typically, a party that believes it will be damaged by the resulting registration may oppose an application for that mark. Often, the trademark opposition procedure is triggered by official publication of an application in its pre-grant stage in a government journal, gazette or bulletin.

TRADEMARK opposition

Trademark opposition rules establish an opposition period, usually ranging from one to three months after publication, in which a party’s trademark opposition must be formally entered. In a minority of jurisdictions, the trademark opposition period occurs after the issuance of a registration; this is also known as post-grant opposition. In some jurisdictions, however, no opposition is available, and cancellation after registration is an opponent’s only option.

 

A formal decision to uphold or dismiss the opposition, thereby refusing or granting the registration, usually is issued in writing. Settlement agreements, involving amendment of the goods or services of the opposed application, withdrawal of the trademark opposition and restrictions on use of the mark, are commonplace; in such cases there is no decision on the trademark opposition. Typically, the losing party in a trademark opposition proceeding can appeal an adverse decision to a higher authority within the trademark office or registry or to a court.

 

Absolute Grounds and Relative Grounds In An opposition

An opponent (the plaintiff) can raise either absolute or relative grounds in a trademark opposition proceeding. Under absolute grounds, the opponent can claim one or more of the grounds listed below. Alternatively, under relative grounds, the opponent makes a claim of prior rights in the trademark, examples of which are listed below.

 

The most frequently raised grounds for opposition are as follows:

a) Absolute Grounds

-Descriptiveness; Geographically deceptive misdescriptives

– Genericness; Functionality

-Bad faith; Fraud

 

b) Relative Grounds

– Priority; Likelihood of confusion

– Bad faith

– Business name/domain name/trade name use

– Well-known/famous mark

Most jurisdictions provide similar grounds for trademark opposition; however, there are some important exceptions.

 

Defenses to an opposition

Priority of use and no likelihood of confusion are common defenses to a trademark opposition based on likelihood of confusion. Defenses to a trademark opposition based on another ground depend on the evidence submitted by the parties and the law of the applicable tribunal. Equitable defenses, such as laches, estoppel and acquiescence, may be available in some jurisdictions. In the United States, such defenses are available, but they may have limited value because the Trademark Office has jurisdiction only over the registrability of marks, not over their actual use.

 

Contact us

If you have further queries, please contact Tannet

24 hours Malaysia hotline:603-21418908;

24 hours Hong Kong hotline:852-27837818;

24 hours Hong Kong hotline:86-755- 36990589;

Email: mytannet@gmail.com

TANNET GROUP : http://www.tannet-group.net, http://en.tannet.com.my

Australia Trademark Registration

Australia Trademark Registration

Australia trademark registration can be obtained for words, logo, numerals, slogan, device and more. It is provides legal right of exclusivity for use of the mark to the owner of the trademark. Australia trademark registration is however a long process involving multiple steps. In this article we cover the trademark registration process in Australia.

Australia Trademark Registration

Australia Trademark Search

Before filling an Australia trademark to the official trademark office for registration, we strongly suggest having a thorough search conducted. Due to processes of search conducted, you will know the chances of successful registration in a matter. We will conduct a comprehensive search of the records held in the 'trademark registry' by the government office, and report to you on any trademarks found to be identical or deceptively similar to yours.

 

Unlike business or company name registration, it can sometimes be difficult to register your trademark if a similar mark is already in place. From comprehensive report can advise you of options to overcome difficulties. We will also advise you on matters, other than conflicting trademarks, that may cause problems or difficulty in registering your mark.

 

Filing an Australia Trademark Application

Once the search is finalized, or if you choose not to have a search conducted, we can file an Australia Trademark application with the government office on your behalf. It is at this stage, we must specify which of the 45 classes we are applying under. A fee is charged per class or category required. A class is essentially a category of goods or services. For example, if your trademark is to identify a clothing label, then only one class would be required. However, if the trademark was also the name of your shop then an additional class would be required.

 

Australia Trademark Examination

Once filed, the government office will send a letter out within two weeks, to acknowledge the application as filed and to allocate your official trademark number. This number remains for the entire life span of your trademark.

 

The government office will then ‘examine’ your trademark application. This is to ensure that it complies with the rules and regulations of trademark registration, and to ensure there are no other issues that should prevent registration. The results of this examination will mirror those provided by our office at the search stage, in nearly all cases. The examination conducted by the government office will take approximately four months, at which time they will forward either an ‘acceptance letter’, or an ‘adverse report’.

 

If your trademark is accepted, your trademark will be advertised in the Official Journal of Trademarks on a date specified at the time of acceptance. Once advertised, a formal ‘opposition period’ will follow. An opposition period is for three months and means that any third party can file an official objection against your trademark becoming registered.

 

If the government office issues an examination report, it means that a problem, of some description, has been found. If this is a minor issue, we will attend to it on your behalf and report to you accordingly. However, if it is a bigger issue, such as a similar mark has been found, or the trademark has been deemed generic, we will need further information from you, in most cases, before responding the report.

 

Australia Trademark Protection

Once your mark has been accepted, and presuming no third party objects to your registration during the standard three month opposition period, your trademark will become registered for a period of ten years from the date of filing.

 

Contact us
If you have further queries, please contact Tannet
Malaysia hotline603-21418908;
Email: mytannet@gmail.com
TANNET GROUP: www.tannet.com.my

Madrid Trademark Application

Madrid Trademark Application

Madrid trademark application is apply under Madrid System. The Madrid system (officially the Madrid system for the international registration of marks) is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. The Madrid System was established in 1891 and it is applied to the Madrid Agreement and the Madrid Protocol. This System is managed by the World Intellectual Property Organization in Geneva, Switzerland.

 

Madrid Trademark Application

 

To be entitled to use the Madrid System, you must first have a connection with one of its members (known as “Contracting Parties”). This connection will determine your Office of origin (national/regional intellectual property office). You must submit your international application through this Office of origin.

 

Madrid trademark application Requirements

To meet the entitlement requirement, you must:

  • have a business (i.e., a real and effective industrial or commercial establishment) in a Contracting Party, or
  • be domiciled in a Contracting Party, or
  • be a national of a Contracting Party

For example, if you are a national of, or have a business in China, your connection will be with China (a member of the Madrid System) and you must file your international application through China’s Intellectual Property (IP) Office.

If you have a connection with several members (for example, you may be a national of Mexico living in the United States of America), you can choose any one of these members to file your international application.

 

Basic Madrid Trademark Application/ Registration (“Basic Mark”)

If you have the necessary connection to a Madrid System member (as outlined above), you must have either applied for or obtained a mark with the IP Office of that member (i.e., your Office of origin). A basic mark is required before can you file an international application for your mark through the same Office (your Office of origin).

 

Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline:603-21418908;
24 hours Hong Kong hotline:852-27837818;
24 hours Hong Kong hotline:86-755- 36990589;
Email: mytannet@gmail.com
TANNET GROUP : http://www.tannet-group.net, http://en.tannet.com.my