Guidance for recordal of Trademark Assignment in Vietnam

22/03/2017 - 1103 views

Assignment of a trademark right means the transfer of ownership right by owner of such trademark right to another organization or individual. Trademark Assignment in Vietnam is established in the form of written agreement. Oral agreements, letters or telegrams shall not be accepted and have no legal effect.

The Deed of assignment of trademark registration shall only be effective upon registration with the IP Office of Vietnam (IPVN).

 

1. Requirements for trademark assignment in Vietnam

For recordal of trademark assignment in Vietnam, we need you to provide us with the following:

• One executed original of Deed of Assignment, which must be signed by Representative of both Assignor and Assignee and then fixed the Company’s stamp over the signature (if any). In case the Deed of Assignment includes multi-sheets, the Representative of both Assignor and Assignee should sign on each sheet or seal the Company stamp on adjoining edges of sheets (NO further notarization or legalization is required). As for the Deed of Assignment, the signers of each party should be different.

According to our IP regulations, a Deed of Assignment (DOA) must contain the following contents:

–          Full names and addresses of the Assignor and the Assignee;

–          Assignment bases (trademark registration number);

–          Assignment price;

–          Rights and obligations of the Assignor and the Assignee.

A Power of Attorney (POA) that should only be signed by the Representative of Assignee and then fixed the Company’s stamp over the signature (if any). In case the pending application for recordal of assignment is being handled by IP Agent other than us, please kindly provide us with a specific POA which states that the authorization to the current agent is revoked (NO further notarization or legalization is required);

• The relevant original Certificate of Trademark Registration (if recording the assignment for a registered one).

 

                Trademark Assignment in Vietnam is established in the form of written agreement

 

2. Endorsement

After the recordal of trademark assignment in Vietnam is completed, the IPVN will issue the following documents:

  • The Notice of Assignment Recordal in case of a pending Trademark Application.
  • The Certificate of Trademark Registration endorsed the name and address of new owner on the last page in case of Trademark Registration.

 

3. Time frame

Under the current regulation, the whole duration for the recordal of assignment will in straightforward case is 2 months counted from the filing date. However, in practice, this duration can be extended from 6-8 months.

 

4. Other notes for trademark assignment in Vietnam

Under Vietnam Intellectual Property Law, the trademark assignment will not be approved in the following cases:

  • The subject mark for assignment is identical/confusingly similar to the trade name of assignor as it shall cause the confusion as to the origin of goods or services with those of assignor.
  • The subject mark for assignment is similar or identical to other trademarks but not for assignment of Assignor in respect of similar goods or services as it shall cause the confusion as to the origin of goods or services with the rest of assignor.

 

More information about trademark practice in Vietnam can be found HERE.

 

Should you need more information or require advice on trademark assignment as well as other IP matters in Vietnam, Laos, Cambodia and Myanmar, please do not hesitate to contact us via email: info@ageless.vn