TRADEMARK REGISTRATION

The procedure to transfer industrial property rights in Vietnam is prescribed in Articles 138, 139 and 140. Details are as below:

General provisions on assignment of industrial property rights

1.   Assignment of an industrial property right means the transfer of ownership right by the industrial property owner to another organization or individual.

2.   The assignment of an industrial property right shall be conducted in the form of written contract (hereinafter referred to as contract for assignment of  industrial property right).

Restrictions to assignment of industrial property rights

1.   An industrial property right owner shall only assign his or her right within the scope of protection.

2.   The rights to a geographical indication shall not be assigned.

3.   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.

4.   The assignment of the rights to a mark shall not cause confusion as to characteristics or origin of the goods or services having the mark.

5.   The rights to a mark shall only be assigned to the organizations or individuals who fulfill requirements for the person having the right to registration in respect of that mark.

Contents of contracts for assignment of industrial property rights

A contract for assignment of industrial property right shall have the following substantial provisions:

1.   Full name and address of the assignor and the assignee;

2.   Bases of assignment;

3.   Price for assignment;

4.   Rights and obligations of the assignor and the assignee.

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HAIHAN-IP is a prestigious intellectual property law firm in Vietnam. We provide clients with services including search, filing, prosecution, licensing, assignment and litigation of patents, utility solutions, trademarks, industrial designs. For any enquiries about our services, please email hh@haihan.vn or phone us at 84-4-3202 8222.

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