Recordal of Trademark/Patent Assignment Agreement in Vietnam
I. Required contents of a Trademark/Patent Assignment AGREEMENT
- To be effective an assignment agreement must be in writing and must be recorded with the NOIP;
- One assignment agreement may cover multiple trademarks or patents;
Notes:
- An industrial property right owner shall only assign his or her right within the scope of protection;
- The rights to a geographical indication shall not be assigned;
- The rights to a trade name shall only be assigned together with the transfer of the entire business premise and business activities under the trade name;
- The assignment of the rights to a mark shall not cause confusion as to characteristics or origin of the goods or services;
- The rights to a mark shall only be assigned to the organizations or individuals who have rights to registration of that mark.
II. Required documents
- 01 Original Power of Attorney signed by either assignor or assignee (under our form);
- 02 set of Original and Notarized copies of the assignment agreement;
- Original Vietnamese Trademark Registration Certificates/Patents to be assigned under the Assignment Agreement.
Notes:
- Language of filing: Vietnamese;
- All required documents should be submitted to the NOIP on a filing date.
III. Time limit
Under IP Regulations, it takes 02 months for recording a Trademark/Patent Assignment Agreement.
In case you require more information or require advice on Trademark/Patent Assignment Agreement in Vietnam as well as other IP matters, please do not hesitate to contact us via:
Email: info@lawfirmelite.com
Tel: (+84-24) 3 7373051
Fax: (+84-24) 3 7373056
Recordal of Trademark/Patent License Agreement in Vietnam
I. Trademark/Patent LICENSE AGREEMENT
- Only registered trademarks and/or patents are recordable;
- A license agreement must be in writing. To be effective as to a third party, a license agreement must be recorded with the National Office of Intellectual Property of Vietnam (NOIP);
- A license agreement may cover multiple registered trademarks or patents;
Notes:
- The right to use a geographical indication or a trade name shall not be licensed;
- The right to use of a collective mark shall not be licensed to organizations or individuals other than members of the collective mark owner;
- The licensee shall not enter into a sub-license contract with a third party without permission of the licensor;
- A trademark licensee shall have the obligation to indicate on goods and packaging thereof that the goods have been produced under a license agreement for use of the trademark;
- A patent licensee under an exclusive agreement shall have the obligation to use such invention in the same manner as the patent owner uses it.
II. Required documents
- 01 Original Power of Attorney signed by either licensor or licensee (under our form);
- 02 sets of Original and Notarized copies of the license agreement;
Notes:
- Language of filing: Vietnamese;
- All required documents should be submitted to the NOIP on a filing date.
III. Time limit
Under the IP regulations, it takes 02 months for recording a trademark/patent License Agreement.
In case you require more information or require advice on Recordal of Trademark/Patent License Agreement in Vietnam as well as other IP matters, please do not hesitate to contact us via:
Email: info@lawfirmelite.com
Tel: (+84-24) 3 7373051
Fax: (+84-24) 3 7373056
