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Registration of Industrial Designs Services in Vietnam (Updated : 05/01/2012)
Information required for Industrial design registration
  • Full name, address and nationality of the applicant
  • Full name, address, nationality of the Industrial design author
  • Name of the design (indicating the object to be registered)
  • The prior country, number and date of the application (if the application includes the request of prority right).
Documents required to be provided by Customer to Vconsult
  • 06 sets of pictures / photos presenting the industrial design.
    Pictures, photos should not be larger than the A4 dimension and all of the pictures, photos should show the same ratio.
    Number of pictures, photos in a set should be sufficient for the Design registration (photos of the Design should be taken from various directions: from above, from under, from left, from right, from inside, from outside, from crosswise, and 3D direction (the overall photo of the design)
  • The procuration compiled by Vconsult with the signature and seal of the applicant for industrial design.
  • The brief description of the Industrial design, showing the difference of the industrial Design to be protected. Copy of the procuration is acceptable but the origin should be submitted not later than 02 months since the date of submission.
  • Copy of documents showing the request of priority right (Copy of the first application or Certificate of prority transfer – if inherited from the other)
  • Documentation of right of industrial Design registration (if the right is inherited from the other)
Up-looking of industrial Design
  • The up-looking of industrial Design is not the compulsory procedure but very important.
    This procedure will guarantee whether the industrial Design to be registered by the Customer is new or not and the result of this procedure will confirm the posibility of certificate issuance for the industrial Design, which may save time, force and money used for the registration of industrial Design.
  • Vconsult Law Firm will look up preliminarily Your industrial Design basing on the database available at National Office of Intellectual Property of Vietnam and also provide the service of industrial Design up-looking at the National Office of Intellectual Property of Vietnam.
Process of Industrial Design registration
  1. Submission of Industrial Design documents
    • After there is the confirmation on posibility of protection for the industrial Design, Vconsult will provide the service of industrial Design protection.
    • Holding the entity of an intellectual property representative and being authorized by the Customer, Vconsult will make the direct transaction with the National Office of Intellectual Property of Vietnam to fulfill all of the procedures such as compilation of documents, submission of documents, fees, charges for industrial Design registration, progress supervision, reply as well as receipt and transfer of the protection Certificate to the Customer.
  2. Duration of industrial design registration
    • Not later than 01 month since the submission date, the National Office of Intellectual Property of Vietnam will release the notice of form test (This notice may by the approval if the application for industrial design contains no form-related error).
    • Not later than 02 months since the notice of form test, the application will be announced on the Official Gazette of Industrial Property.
    • Not later than 06 months since the announcement of industrial property, the National Office of Intellectual Property of Vietnam will announce the result of application content consideration.
    • Not later than 01 month since the date of Notice of consideration result which details that the industrial design meets the protection standards, the Certificate will be issued to the applicant.
    • Besides, the additional time is available for the applicant to qualify the form or submit the complaint against the content consideration notice released by the National Office of Intellectual Property of Vietnam.
Validity of the protection Certificate
  • The Certificate is considered valid throughout Vietnam.
    The Certificate of industrial Design registration is considered valid since the issuance date to the end of the 05th year since the submission date.
    The extension may be registered by two successive times with five years per one time.
  • The protection Certificate is considered expired in the following cases:
    • The Certificate owner does not pay the validity fee or extend the validity as regulated.
    • The Certificate owner announces his/her waiver of the industrial property
    • The owner of the industrial Design is dead without any legal heir.
 
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