Regulations on amending protection certificates according to legal regulations

Amendment of protection certificate when there is a change in information about the name/address of the owner of the protection certificate; change of owner of the protection certificate (transfer of ownership due to inheritance, succession, merger, division, consolidation, etc.).

1. Request to record changes in the SHCN representative organization.

Request to narrow the scope of protection: modify some small details but do not significantly change the trademark design; request to reduce one or several products or services.

2. The dossier requesting amendment of the VBBH includes:

+ Application form for amendment of VBBH (according to form 06 Appendix II Decree 65/2023/ND-CP) (Attached form).

+ Original VBBH;

+ Documents confirming the change of name and address (original or copy certified by a notary or competent authority); decision to change name and address; business registration certificate recording the change of name and address; other legal documents proving the change of name and address (certified by a notary or competent authority);

+ Documents proving inheritance, succession, merger, division, separation, consolidation, joint venture, association, establishment of a new legal entity of the same owner, conversion of business form or by decision of the Court or other competent authorities);

+ Document explaining in detail the revised content;

+ 05 trademark samples (if request to modify trademark sample)

+ 02 copies of the regulations on the use of collective trademarks, 02 copies of the revised regulations on the use of certification trademarks (if a request is made to amend the collective trademark or certification trademark);

+ Power of attorney (in case of submitting request through representative);

+ Copy of documents for payment of fees and charges as prescribed;

+ Other documents (if necessary).

- Review period: 02 months from the date of application

If the scope of protection is narrowed, a re-examination must be conducted. Re-examination period: for trademarks: no more than 06 months

In complicated cases, the appraisal period must be extended, but not beyond the first appraisal period.

- Implementation result: Issue a Decision to record the amendment of the VBBH and publish it in the Industrial Property Gazette or a Decision to refuse to amend the VBBH. Update the amended content to the original VBBH and return the certificate to the owner.

- Fees:

+ Fee for appraisal of request for amendment of insurance documents: 160,000 VND/insurance document

+ Fee for publishing Decision to amend VBBH: 120,000 VND/application

+ Registration fee for Decision to amend VBBH: 120,000 VND/VBBH

+ Re-examination fee (if request to narrow the scope of protection): equivalent to the first examination fee: VND 550,000/group

[Article 97, Article 119 of the Law on Intellectual Property; Article 29 of Decree 65/2023/ND-CP]