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What is trademark assignment?
ELITE: Transfer of ownership of an trademark means the owner of an trademark transfers ownership rights of his or her design to another organization or individual.
What are the required documents for recording/registration of an trademark assignment Agreement at the VNIPO?
ELITE: The registration/recording a trademark assignment Agreement at the VNIPO requires the following documents:
- Application for registration/recording of the trademark ownership transfer Agreement/Contract (under a required Form);
- 02 original or certified copies of the signed Agreement/Contract; If the contract is made in a language other than Vietnamese, it must be accompanied by a ceretified translation of the Contract into Vietnamese; If the Contract has many pages, each page must have the parties’ signatures or seals;
- Original trademark certificate if the is issued in paper form;
- A written agreement document of the co-owners of the trademark on the transfer of ownership of the invention, if the respective patent ownership is jointly owned;
- Authorization document/Power of Attorney (in case the request is submitted through an IP Representative/Agent);
- Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the VNIPO’s account).
How long does it take to complete the procedure of registration of an assignment Agreement?
ELITE: According to trademark regulations, it takes 02 months to complete the registration procedure of a trademark assignment Agreement from the date of submitting full documents.
How much does it cost to record/register an trademark assignment Agreement at the VNIPO?
ELITE: We note that fees for carrying out this procedure include:
- Government fees (including: fee for reviewing dossier, search fee, registration fee, publication fee): 1,070,000 VND
What should you keep in mind when signing an industrial design Assignment Agreement?
ELITE: In principle, when signing an trademark Assignment Agreement/Contract, you need to note the following main points:
- The owner of a patent may only assign his or her trademark within the term and scope of protection;
- The Agreement/Contract on assignment of ownership rights to an trademark must be expressed in written form and must be registered at the VNIPO to be legally effective to the Tax authority, IP enforcement authorities of Vietnam and other third parties.
- An Assignment Agreement may provide for the assignment of one or more than an trademark.
With a team of deep expertise and more than 20 years of experience in the field of intellectual property protection based on our six Core Values, including: Integrity, Empathy, Responsibility, Carefulness, Determination and Learn, We (ELITE Law Firm) are committed to accompanying you and will support you in carrying out this procedure successfully, quickly and economically. Contact us now!
