The Intellectual Property Office of Vietnam (NOIP) has uniformly applied some regulations on amendments and supplements to applications and new circumstances in Circular No. 01/2007/TT-BKHCN dated February 14, 2007, as amended and supplemented according to Circular No. 01/2007/TT-BKHCN dated February 14, 2007. Circular No. 16/2016/TT-BKHCN dated June 30, 2016 (hereinafter referred to as Circular No. 01/2007/TT-BKHCN) in the procedure for establishing trademark rights as follows:
Unless otherwise provided for by international treaties to which Vietnam is a contracting party, any change in the trademark template or the list of goods and services in the trademark registration application (including removal/ (limited list of goods and services) are considered as amendments and supplements to the application and must be made in accordance with the provisions of Clauses 1, 2 and 3, Article 115 of the Intellectual Property Law and point 17.1 of Circular No. No. 01/2007/TT-BKHCN, specifically as follows:
- Amendments and supplements shall be made before the state management agency in charge of industrial property rights issues a decision on refusal to grant a protection title or a decision on grant of a protection title specified at Point 17.1. a Circular No. 01/2007/TT-BKHCN;
- The person requesting the amendment or supplement must pay fees and charges;
- The amendment and supplementation must not expand the scope of objects stated in the application and must not change the nature of the objects of registration request stated in the application, and at the same time must ensure the consistency of the application.
Amendments and supplements to a trademark registration application (including the removal/limitation of the list of goods and services) shall be submitted after the state management agency in charge of industrial property rights issues a decision to refuse it. grant of a protection title or a decision on grant of a protection title shall not be considered as a new circumstance according to the provisions of Point 15.7.b and Point 22.1.c of Circular No. 01/2007/TT-BKHCN.
According to the provisions at point 22.1.c of Circular No. 01/2007/TT-BKHCN, the amendments, supplements and new circumstances are not within the scope of complaint settlement and are not accepted in the complaint settlement process.
This Notice shall take effect from the date of signing and shall apply to all proceedings requested prior to the date of signing of this Notice for which no final decision has been made.