Trademark transfer is the process of transferring ownership of a trademark from the current owner to another individual or entity. A trademark is an intangible asset of great value to the business, therefore, the transfer needs to comply with the law to ensure the interests of both parties.
Trademark transfer is the process of transferring ownership of a trademark from the current owner to another individual or entity. A trademark is an intangible asset of great value to the business, therefore, the transfer needs to comply with the law to ensure the interests of both parties.
- Recovery of investment capital: Existing owners can recover capital and reinvest in other areas.
- Access to a confirmed brand: The transferee can immediately use a reputable brand, saving time and cost of developing a new brand.
- Increase brand value: The transfer helps optimize the value of the trademark in the market.
- Written contract: The transfer must be made in the form of a written contract.
- Registration at a competent authority: The transfer contract is only effective when it is registered at the Intellectual Property Office of Viet Nam
- Within the scope of protection: The owner may only transfer the rights within the scope of protection.
- Do not cause confusion: The transfer must not cause confusion about the characteristics and origin of goods and services bearing the trademark.
- Conditions for trademark registration: The right to a trademark may only be transferred to an organization or individual that satisfies the conditions for a person who has the right to register a trademark.
The trademark transfer contract should include the following main contents:
- Names and addresses of the parties: Full information about the transferor and the transferee.
- Trademark Information: Details about the transferred trademark.
- Transfer price and payment method: Agree on the value and payment method.
- Rights and obligations of the parties: Clearly stipulate the rights and obligations of the transferor and the transferee.
- Conditions for amendment, termination or invalidation of contracts: Regulations on conditions for amendment, termination or invalidation of contracts.
- Dispute resolution: How to resolve disputes, if any.
- Date and place of signing the contract: Time and place of signing the contract.
- Signatures of the parties: Signatures of the parties or their authorized representatives.
6.1. Preparation documents
- Declaration of registration of trademark transfer contract: According to the form.
- Trademark transfer contract: Original or certified copy.
- Trademark registration certificate: Original.
- Written consent of the co-owners: If the ownership of the trademark is jointly owned.
- Regulation on trademark use: If the trademark is a collective or certified trademark.
- Power of attorney: If the application is submitted through a representative.
- Receipt of payment of charges and fees: Copy.
6.2. Implementation order
- Step 1: Receive the documents
- Submit directly or by post to the National Office of Intellectual Property.
- Submit online via the Online Public Service Portal.
- Submit via the Industrial Property Representative.
- Step 2: Processing the dossier
- Valid application: The National Office of Intellectual Property issues a decision to record the transfer, update information and publish it in the Official Gazette of Industrial Property.
- Invalid application: The National Office of Intellectual Property announces its intention to refuse, request correction or feedback.
The processing time for the application is about 2 months (excluding the time for repairing the application), however, the actual time may be prolonged due to the workload of the National Office of Intellectual Property.
Trademark transfer expenses include fees for appraisal, search, publication, registration and other related fees as prescribed in Circular 263/2016/TT-BTC. If applying through a representative, the cost will include an additional service fee.
Contact
If you need detailed support or advice on trademark transfer procedures, please contact us. A Dong IP is a reputable Industrial Property Representative unit, ready to support you to carry out procedures quickly and effectively.
Hopefully, this guide will help you better understand the procedure for transferring a trademark registration certificate. If you have any questions, don't hesitate to contact us for answers.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
