Trademark registrability assessment

What is trademark registrability assessment?

Trademark registrability assessment an expert service at the Vietnam  Intellectual Property Office that conducts a search to determine whether your trademark is identical or similar to previously filed trademarks? The purpose of a trademark registrability assessment is to accurately determine (~80% – 95%) the possibility of successfully registering your trademark. An in-depth trademark search is not a mandatory requirement for trademark registration. However, it is necessary because online search databases do not accurately update the processing status of documents at the Vietnam Intellectual Property Office (VNIPO), so there is still a possibility that your trademark is identical or similar to someone else’s even though you have searched. Research on online search platforms.

What are the benefits of trademark registrability assessment?

Accurately determine the possibility of successfully registering a trademark.

After doing a preliminary trademark search on online databases, there is still a possibility that your trademark is identical or similar to someone else’s trademark. Because information on search databases is often updated slower than the actual status of application processing at the VNIPO, it takes about 6 months. When doing in-depth searches with experts at the VNIPO you can get the most up-to-date information about your trademark. From there, evaluate your ability to successfully register your trademark.

Save costs and time

Accurately assessing the possibility of successfully registering a trademark minimizes the risk of having to redesign your brand identity and re-register your trademark. Re-registering a trademark also means you have to pay all fees again and wait for the National Office of Intellectual Property to issue a trademark registration certificate. Currently, the actual time for the NOIP to issue a trademark certificate is 12 – 15 months or possibly longer.

What are the consequences of not doing trademark registrability assessment?

When you do not conduct a trademark registrability assessment, you may face the following risks:

The possibility that a trademark application may be refused protection is quite high

Without conducting an in-depth search, it is very likely that your trademark is identical or similar to someone who has previously filed it. When the National Office of Intellectual Property discovers that your trademark is identical or similar, it will make a decision to refuse to grant you a protection certificate. This means you will have to go through the trademark registration procedure again from the beginning.

Costs time and money

When trademark protection is refused, you must redesign your brand and change the entire previously designed brand identity. This increases design costs, product packaging costs and directly affects the product/service launch schedule on the market, causing a loss of competitive advantage. In addition, you also have to wait another 12 – 15 months or maybe longer to receive a trademark registration certificate.

How to perform a trademark registrability assessment?

Time to return trademark registrability assessment results is 03 – 05 working days.

To avoid unnecessary difficulties when searching for trademarks, and quickly complete trademark registration procedures to conduct business, you should choose an experienced and reputable representative consulting unit to help you. Register a trademark successfully, quickly and cost-effectively.

With the 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 conducting this procedure successfully, quickly and economically. Contact us now!

 

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Hotline: (+84) 988.746.527 | Tel: 024-37373051

 

 

Email: info@lawfirmelite.com/vi

 

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