Thesunlaw specializes in intellectual property law: Registering logos, trademarks, inventions, industrial designs ... With a team of lawyers and legal specialists with many years of experience in the field of intellectual property, Make sure questions about legal matters surrounding intellectual property, property rights, etc., are resolved by thesunlaw's intellectual property legal experts.
Come to thesunlaw, you will be supported professional and fastest in the strengths in the field of intellectual property:
Exclusive logo registration
Exclusive trademark registration
Registration of industrial designs
Exclusive registration of trade names
If we are not sure about intellectual property right from the beginning, the risk of future business is unforeseeable. So why learn about intellectual property ???
Imagine, someday in the future suddenly appear a guy / twin who looks almost identical to us as cast, while not the same mother. Then we have to do? In this life no one wants to have a second version like yourself, because you are the only one in the world.
And this example is almost the current state of intellectual property rights infringement (trademark infringement, proprietary logo, etc.) of the protected subject is occurring massively in Vietnam today.
How to grasp the most basic legal issues on the protection of intellectual property rights. Follow the article below, the answer will be answered:
*** Who is protected by the intellectual property law:
The Intellectual Property Law 2005 / QH11 stipulates the three categories of intellectual property rights as follows:
Group 1: Objects of copyright: Includes literary, artistic, scientific works; And copyright related rights include performances, phonograms, recordings, broadcasts, programmable satellite signals.
Group 2: Objects of industrial property rights include inventions, industrial designs, layout designs of semiconductor integrated circuits, trade secrets, trademarks, trade names and geographical indications.
Group 3: Objects of rights to plant varieties are plant varieties and propagating materials.
I / Procedures for trademark registration
1. What is a brand, brand definition?
- In legal terms, trademarks are the symbolic signs of an enterprise used to distinguish its products and services from products of goods or services of the same type with other enterprises. . Can understand "Brand" is the general term for both goods and services.
- What are the Signs?
Signs for branding can often be words, images, or words associated with images that are represented by one or more colors. It can be signs, characters available or created by humans, that can mean or have no meaning.
2. Files, documents for registration of proprietary marks
- Documentation is required
National Office of Intellectual Property only accepts applications for registration of proprietary trademarks if the application is filed with all types of documents specified as follows:
(I) Registration form;
(Ii) Documents, specimens, information displaying the registered mark;
Specifically: For a trademark application is a sample of the mark and a list of goods or services bearing the mark
(Iii) Copy of fee payment document
Note: For applications for registration of collective marks or certification marks, in addition to the documents specified at the above-mentioned points, the following documents are also required:
(I) Regulations on the use of collective marks / certification marks;
(Ii) Explanation on the nature, quality (or specificity) of the product bearing the mark (if the registered mark is a collective mark for a particular product or mark Certification of the quality of the product or a certification of geographical origin);
(Iii) Document of the people's committee of a province or city under central authority permitting the registration of a mark under the provisions of clause 37.7 (a) of Circular No. 01/2007 / TT-BKHCN. Is a collective mark, a certification mark containing a geographical place or other indication of the geographical origin of the local specialty)
- Requirements for trademark applications
A) The application for registration of a mark must meet the general requirements and specific requirements: The general requirements are specified in Article 100 and Article 101 of the 2005 Intellectual Property Law and the separate requirements specified in Article 105 of Law on Intellectual Property and detailed guidance at Point 37 of Circular No. 01/2007 / TT-BKHCN
B) Formal requirements:
(I) Number of protection titles requested: 01
The title of protection and the type of protection certificate sought must be compatible with the mark registered in the application;
(Ii) Language shown in the application: Vietnamese
Except for documents which may be made in other languages as stipulated in clauses 7.3 and 7.4 of Circular No. 01/2007 / TT-BKHCN, as follows:
+ Power of attorney;
+ A document confirming the right to register if the applicant is not satisfied
A / The suspected sign is identical with or confusingly similar to the protected mark; In which a sign is considered to coincide with the protected mark if it has the same structure, presentation (including color); A sign is considered to be confusingly similar to the protected mark if there are some or all of the characteristics which are completely identical or similar to those which are not easily distinguishable from one another in terms of composition or pronunciation. , Transliteration of signs, words, meanings, expressions, colors and confusion for consumers of goods or services bearing the mark;
B / Goods or services bearing the suspected sign identical or similar in nature or functionally and functionally related and have the same sales channel as the goods or services covered by the protection scope.
Note: In order to determine whether a suspected mark is a trademark infringing element, it is necessary to compare that mark with the mark and to compare the marking product or service. That effect with the products or services covered by the scope of protection.
- In the case of a well-known mark, the suspected sign is considered an infringing element if the following two conditions are met:
A / The suspected sign satisfies the prescribed conditions as for a normal mark;
B / Goods or services bearing the suspected sign satisfy the prescribed conditions as for ordinary marks or goods or services which are not identical or related to goods or services bearing the mark. Famous but potentially misleading to consumers about the origin of goods or services or misleading the relationship between producers and traders of such products or services with the trademark owner. famous.
- Where products or services bear the sign of identical or difficult to distinguish the overall composition and presentation compared with the protected mark for products or services of the same kind covered by protection, such goods shall be regarded as goods To impersonate a trademark under the provisions of Article 213 of the Intellectual Property Law.
Dealing with intellectual property rights violations is one of the most important issues to ensure that intellectual property rights are effectively enforced and protect the maximum rights of rights owners.
The sun law's service in the field of handling violations
Request the competent State authority to appraise and conclude on infringements of intellectual property rights;
Ask the violator to stop the violation;
Require the competent State authorities to handle the violation;
Participate in legal proceedings as a lawyer protecting the rights and interests of intellectual property-related clients at the competent court.
II / Procedures for registration of industrial designs
- Definition of industrial design
Industrial design is the appearance of a product represented by shapes, lines, colors or a combination of these elements. Industrial designs are protected if they have novelty, creativity and industrial applicability.
However, there are some cases. Under the provisions of the 2005 Intellectual Property Law, some objects are not protected as industrial designs, for example, the appearance is entirely determined by the function. Productivity, appearance of civil or industrial construction, product appearance not visible during product use.
An industrial design shall be established on the basis of a decision on the grant of a protection title by the National Office of Intellectual Property. Therefore, the subject who wishes to be entitled to the industrial design must directly submit an application for a protection title at the National Office of Intellectual Property in accordance with law or authorize an Intellectual Property Organization Has been issued practice certificates such as law firm The sun law to carry out the relevant work.
Conditions for registration of protection of industrial designs: There are two conditions
The industrial design must be novel (new to the world) and novel in comparison with itself. Therefore, if you have publicly announced an industrial design on the market then the registration of the industrial design will be rejected due to loss of novelty by itself;
Industrial applicability: Ie industrial design capable of mass industrial production.
Proceed to look up the protection of industrial designs before registration:
In order to assess the possibility of successful registration of industrial designs in these countries as well as to save the cost and time of your company, The Sun Law Firm recommends that your company conduct a feasibility study. The protection effect before filing an application for registration of an industrial design.
A dossier of registration of an industrial design includes:
Declaration of registration of industrial design (Thesunlaw Company compiles declarations according to regulated pigs)
Authorization letter (in the form of The sun law company);
A set of photos or sets of pictures of industrial designs that are clear, sharp and fully represent the viewpoints of the subject matter of the protected design;
Description of the industrial design (presentation, description of the signs on the industrial design, meaning ...);
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