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In order to file a
design application, the applicant is require to furnish with a Power of Attorney
authorizing PADEMARK to file the design application with the National Office of
Intellectual Property of Vietnam (“NOIP”) and prosecute on behalf of the
applicant.
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A signed Power of
Attorney from the Applicant to authorize
PADEMARK
to file the
trademark application in Vietnam. Though not required at filing, this originally signed
document must be submitted to the NOIP within one (01) month from the date of
the NOIP’s Notice.
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A
trademark is a sign used to distinguish the goods or services of different
entities or individuals. A registrable mark must be a visible sign in the form
of letters, words, pictures, figures, including three-dimensional figures or a
combination thereof, represented in one or more colours, and capable of
distinguishing goods or services of the trademark owner from goods or services
of others. Slogans are registrable as trade marks in
Vietnam provided they are distinctive either
inherently or upon proof of acquired distinctiveness.
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According to
Vietnam IP Law and Regulations, both opposition and appeal
proceedings are available. At any time prior to the registration is isued,
from the date of publication of the pending trademark application any third
party can file a written opposition with the NOIP to oppose against the grant or
refusal to grant a certificate of trademark registration. Post-registration
opposition is possible on the grounds of bad faith and/or unregistrability.
Applicant or any third party having rights and/or interests relating to the
NOIP’s decision with respects to the prosecution of a pending patent application
may appeal in an appropriate manner.
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The time limit for entry into Vietnam national phase of a PCT application under both PCT Chapter I and PCT Chapter II is 31 months computed from the priority date. A late entry within six months after the 31 month period expires is available provided that the applicant shall pay a late entry fee. |
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