Trademark Appeal

Each appeal application shall refer to only one notice or decision which is being appealed. Each appeal file may mention a number of notices or decisions if all of them have the same contents and provide the same reason for the appeal, provided that the applicant must pay a fee in accordance with regulations for each decision or notice which is being appealed.

Appeal files must include the following documents:

(i) Declaration of appeal;

(ii) Explanatory statement and evidence proving the reason for the appeal;

 (iii) Copy of the decision or notice which is being appealed;

(iv) Copy of the decision resolving the first appeal (in the case of a second appeal);

(v) Power of attorney;

(vi) Receipt proving payment of appeal fee.

Evidence means documents (evidence in writing) or objects (evidence in the form of objects) used to prove or clarify the reasons for the appeal. Evidence must satisfy the following requirements:

(i) Evidence in writing may be documents in a foreign language provided that a Vietnamese translation is provided, if the person authorized to resolve the appeal so requests;

(ii) Where evidence in writing is a document provided by an individual or organization without a seal or by a foreign individual or organization in the name of the underwriter which has given its name to the document, the signature must be certified by the public notary or a competent authority;

(iii) Where evidence is in the form of an object (a publication, a video and so forth), depending on each specific case, the country of origin of the object or of the information contained in the object must be specified, and the date when the object or information contained in the object was published or announced must also be clarified.