HOW TO RECORD A DESIGN PATENT ASSIGNMENT AGREEMENT IN VIETNAM

 I. Required documents

1. 01 Original Power of Attorney signed by either assignor or assignee (under our form);
2. 02 set of Original and Notarized Assignment Agreement;
3. Original Vietnamese Trademark Registration Certificate/Design Patent/Patent to be assigned under the Assignment Agreement, if granted.

Notes:

• Language of filing: Vietnamese.
• All required documents should be submitted to the NOIP at filing time.
• Assignment Agreement must be translated into Vietnamese.

 II. NOTES OF Assignment AGREEMENT

1. 1. To be effective as to Tax authorities, IP enforcement, an assignment agreement for patents/trademarks/designs must be in writing and must be recorded with the NOIP;
   2. One assignment agreement may cover multiple trademarks, designs or patents;
   3. Patent/Trademark/Design owner may only assign its rights within the scope of protection
   4. Rights to geographical indications shall not be assigned;
   5. Rights to trade names shall only be assigned together with the transfer of the entire business establishments and business activities under such trade names;
   6. The assignment of the rights to a trademark must not cause confusion as to properties or origins of goods or services bearing such marks;
   7. Rights to marks shall only be assigned to the organizations or individuals that satisfy conditions for persons having the right to register such mark.

III. Time limit

Under IP Regulations, it takes 02 months for recording a Trademark/Patent/Design Assignment Agreement. 

IV.    COST

For more detailed information and timely advice, please contact us immediately:

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