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Filing Requirements |
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Filing Requirements in Vietnam I Filing Requirements in Laos Filing Requirements in Cambodia I Filing Requirements in Myanmar
FILING REQUIREMENTS IN VIETNAM
Registration of Invention/Utility Solution Registration of Trademark Recognition of Well-Known Mark Registration of Industrial Design Registration of Copyright Renewal and Annuity Recordal of Assignment Agreement Recordal of License Agreement Recordal of Change of Name/Address
REGISTRATION OF INDUSTRIAL DESIGN
Information
- Full name, address and nationality of the applicant(s);
Full name, address and nationality of the creator(s);
- Title of the design and field to which the design relates;
- International Classification for the design under Locarno Agreement; field of application; similar and known/used design(s);
- Paris Convention Priority data (if any): country, application number and filing date of the original foreign application from which priority is claimed;
- Exhibition Priority data (if any): place where the design was exhibited, the name of the exhibition and the date on which the design was first exhibited.
Documents
- A Power of Attorney (
Word file) (PDF file) from the applicant. Notarization and/or Legalization are not necessary (required at filing; a fax copy is acceptable provided that the original is submitted within 01 month from the filing date). This document must be signed by the Applicant if the Applicant is an individual or by the officer entitled to represent the Applicant if the Applicant is a legal entity and affixed by the corporate seal of such an entity (if any). A general Power of Attorney is acceptable for filing various applications in the name of the same applicant;
A Deed of Assignment of priority right where the applicant is different from the applicant having filed the priority application (required within 01 month from the filing date). This document must be signed by each party and affixed by a corporate seal (if any). No notarization and/or legalization are required;
- A brief description of the Industrial Design and claims in English showing new, distinctive features of the design to be protected comparing to known similar designs (if any);
- Six (6) sets of photographs or Six (6) sets of drawings of the Industrial Design comprising perspective, front, back, left, right, top and bottom views. They must be in the same scale with a size not smaller than 90mm x 120 mm and not larger than 210 mm x 297 mm. Please note that if a design is applied to a part of an article, perspective photos/drawings of the article showing this part are required. In the case where the design is of a high level of difficulty, a cross-sectional drawing(s) in necessary places may be required. If an article to which the design is applied has a lid or is foldable (for example: refrigerator, wardrobe or suitcase), drawings or photos of it in the open position are required (fax copies of photographs/ drawings are acceptable at filing, provided that the originals are submitted within 01 month from the filing date);
- A certified copy of the first filed application or Certificate issued by the competent authorities of the exhibition and the sworn English translation (in the case the priority document is not in English), if the Paris Convention Priority is claimed (required within 01 month from the filing date);
- If a design bears a sign that is inherently registrable as a trademark, the applicant shall provide with the documents (e.g. copy of Trademark Registration Certificate granted by the NOIP or Trademark License Contract that has been registered with the NOIP), stating that the trademark placed on the design belongs to the applicant (if any).
Note
- An executed Deed of Assignment (
Word file) (PDF file) from the Designer(s) to the Applicant (if the Designer(s) and the Applicant are not the same), or document justifying the right to apply (inheritance, employment contract, service contract), under current Law, is no longer required at the time of filing. However, the Vietnamese National Office of Intellectual Property (NOIP) reserves the right to request the applicant to submit this document in the case the NOIP has reasonable grounds to doubt the Applicant's eligibility.
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