Trademark assignment the current owner transfers all or part property rights for the trademark (or trademark application) for the transferee and must register a transfer contract at the Intellectual Property Office to be effective against third parties.
OVERVIEW OF TRADEMARK ASSIGNMENT
Trademark assignment is the trademark owner legal transfer of ownership for their trademark to other organizations or individuals through assignment agreement (Articles 148 and 149 of the Intellectual Property Law).
Who has the right to transfer a trademark?
Only the following entities may carry out transfers:
- Trademark owner has been granted a Certificate of Protection;
- Trademark applicant (in the case of transferring a registration application before the certificate is issued).
Note: With the application, the transferee only truly becomes the “new applicant” when The Intellectual Property Office records the change.
Conditions for trademark assignment
The transfer agreement is only accepted when the trademark meets the conditions under the law:
- Brand still under protection, not suspended/notified of termination;
- The transfer Do not cause confusion. regarding the origin of goods/services for consumers;
- Not transferable collective trademark or certification mark, unless the conditions of the relevant laws are met;
- Trademarks not covered dispute, unresolved complaints;
- Both parties must sign written transfer agreement.
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WHAT DOES A TRADEMARK ASSIGNMENT REGISTRATION FILE INCLUDE?
The documents specified in Article 150 of the Intellectual Property Law and the guidelines of the Intellectual Property Office include:
- Trademark assignment agreement registration form (Form 01 – Appendix A of the Intellectual Property Office);
- Trademark assignment agreement (original or certified copy);
- Original Trademark Registration Certificate (when transferring a trademark that has been registered);
- Power of Attorney (if filing through an industrial property representative);
- Certified Vietnamese translation, if the contract is drawn up in another language;
- Fee payment receipts according to the current fee schedule of the Intellectual Property Office.
PROCEDURE FOR REGISTERING A TRADEMARK TRANSFER
Step 1: Check the legal status of the trademark
FundGo Law regularly reviews the following content:
- Is the trademark currently under protection?
- Are there any disputes, complaints, or notices of amendment from the Bureau?
- Scope of transfer (entire or in groups)?
- With the application: verify the review status to avoid the risk of rejection.
Step 2: Draft the transfer agreement
The contract must fully reflect:
- Information about the parties;
- Based on ownership rights;
- Scope of transfer;
- Transfer price;
- Rights and obligations of each party;
- Contract validity;
- Commitment and dispute resolution.
The contract must comply with Article 148 of the Intellectual Property Law to avoid rejection during examination.
Step 3: Prepare the application according to the template and submit it to the Intellectual Property Office.
Submit your application in one of the following ways:
- In person at the Intellectual Property Office or at one of its two representative offices;
- By mail;
Step 4: Monitor the assessment
Review period as prescribed: approximately 2 months from the date the Agency receives the valid application. If the application is incomplete or the information is unclear, the Agency will issue a notice requesting additional information.
Step 5: Receive the Transfer Recognition Decision
Upon approval:
- The Agency issued a decision acknowledging;
- Published in the Industrial Property Gazette;
- Return the new Certificate of Protection with the new owner's name.
TRANSFER COSTS FOR TRADEMARK
State fees
- Contract review fee: 230,000 VND per brand;
- Registration fee120,000 VND;
- Publication fee120,000 VND;
- Application review fee (in the case of application transfer): apply on a case-by-case basis according to the fee schedule;
Note: Fees are subject to change, must be checked at the time of submission.
Service fee (if using a representative)
Service fees depend on the scope of work and the status of the client's file.
COMMON DIFFICULTIES AND MISTAKES WHEN PERFORMING PROCEDURES ON YOUR OWN
- Common difficulties and mistakes when self-performing trademark transfer procedures
- The assignment contract was drafted improperly, lacking mandatory content or containing misleading wording, and was therefore rejected by the Intellectual Property Office.
- Do not submit the original certificate of protection when transferring rights to a trademark that has been granted a certificate.
- Transferring the application without requiring timely registration results in the transferee not being recognized and potentially missing the notice of amendment.
- Failure to check the legal status and inadvertently submitting an application while the trademark is in dispute may result in prolonged processing times or rejection.
- Incorrect classification of goods/services when transferring a portion, resulting in multiple requests for amendments.
WHY CHOOSE FUNDGO LAW?
FundGo Law's service process is designed to support clients. unfamiliar with working with government agencies, making the process clear, easy to understand, and time-saving. Customers receive transparent advice on costs and support in reviewing conditions to avoid their applications being suspended or rejected.
- Conduct a legal review of trademarks before signing a contract;
- Advise on the appropriate scope of transfer;
- Draft a contract that meets the standards to be accepted by the Agency from the outset;
- Prepare the documents according to the Agency's template;
- Representatives submit applications, monitor, and handle all notifications with the Intellectual Property Office;
- Receive your diploma, delivered to your doorstep.
See more: Trademark Registration Services in Vietnam – Cost-Effective and Fast
If you need to transfer a trademark or transfer a trademark application, contact FundGo Law for comprehensive support – legally compliant – fast. Contact us now for a free consultation and detailed fee quote.
