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  • Trademark Opposition

    As from the date an application for registration of industrial property is published in the Official Gazette of Industrial Property up until prior to the date of issuance of a decision granting a protection title, any organization or individual shall have the right to express a written opinion to the National Office of Industrial Property regarding the right to register, the priority right, protection criteria or other matters relating to applications for registration pursuant to article 112 of the Law on Intellectual Property. The written opinion of a third party shall be deemed to be an information source during the process of dealing with applications for registration of industrial property rights.
    phan doi nhan hieu

    The National Office of Industrial Property shall, within the time-limit of one month from the date of receipt of a written opinion from a third party, notify such opinion to the applicant and fix a further time of a maximum of one month for the applicant to provide its opinion in reply. On receipt of the opinion in reply from the applicant, and if the National Office of Industrial Property considers it necessary, such National Office shall notify the opinion in reply of the applicant to the third party and fix a further time of a maximum of one month from the date of the notice for the third party to provide its written opinion in reply [second reply]. The National Office of Industrial Property shall process the opinions of the third party and the applicant on the basis of the evidence and arguments provided by such parties and on the basis of the data in the Application.

    If the National Office of Industrial Property considers that the opinion of the third party is unfounded, it need not notify such opinion to the applicant, but must notify the third party that it refuses to consider the opinion of the third party and must specify its reasons.

    If the opinion of the third party relates to the rights to register, and if the National Office of Industrial Property is unable to confirm whether or not such opinion is founded or unfounded, the National Office of Industrial Property shall notify the third party to institute court proceedings to resolve the matter. If within a time-limit of one month from the date of such notice the third party does not notify the National Office of Industrial Property that the third party has instituted court proceedings, then the opinion of the third party shall be deemed to have been withdrawn. If the National Office of Industrial Property is in fact notified by the third party that the latter has instituted court proceedings, the National Office shall suspend processing of the Application to await resolution of the dispute by the Court. After receipt of the Court's decision, the processing of the Application shall continue in conformity with the Court decision.

    The National Office of Industrial Property may, if it considers it necessary and if the parties so request, organize direct discussions between the third party and the applicant in order to clarify the matters raised in their opinions.

    The time taken for the applicant to provide an opinion in reply to the opinion of the third party shall not be included in the time-limit stipulated for the National Office of Industrial Property to conduct the relevant procedures. 

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    For more information about Trademark Opposition in Vietnam, please do not hesitate to contact us athoai le tan

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