DESIGN REGISTRATION IN VIETNAM

DESIGN REGISTRATION IN VIETNAM

Date Submitted: 22/03/2022 03:09 PM

    Industrial Designs

    Industrial designs may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines, colors, or a combination of these elements.

    Industrial designs are applied to a wide variety of products of industry and handicraft items such as foodstuffs, articles of clothing and haberdashery, brushware, furnishing, containers, household goods, lighting equipment, jewelry, electronic devices, musical instruments, ...

    In recent years, protection of industrial design has become increasingly important as consumers continue to pay more attention on the look and feel of the products they purchase.

    Industrial Design Search

    Before registering an industrial design, you should conduct a preliminary search to see what other industrial designs exist. Although no search is exhaustive, a preliminary search will help you determine whether your industrial design is registrable.

    We can search industrial designs registered under the WIPO-administered Hague System and collections from national offices. Besides, you should search the internet to ensure that your design is new. This will sace you time and money. 

    Industrial Design Registration

    Our attorneys will file your industrial design application in Viet Nam and will carry out all necessary tasks before the IPVN in order to obtain registration approval. We will regularly inform you the status of filing, formality acceptance, publication of application, substantive examination and registration, plus a scanned copy of related documents.

    Industrial Design Registration Process

    The steps involved in Registration are as follows:

    Step 1: Application filing

    The minimum filing requirements consist of:

    a) An application for an industrial design registration;

    b) A set of photos/drawings of the design;

    c) Detailed information of designor(s)

    d) A power of attorney from the applicant;

    e) A description of the industrial design, and

    f) Priority documents (if any).

    Step 2: Formality Examination

    Once the industrial design application has been received, the IPVN shall be subject to formality examination within one (1) month from the filing date. If the application meets the formality requirements, the IPVN shall issue a notice on formality acceptance. If not, the IPVN shall issue a notice of intended refusal, clearly stating reasons and setting a time limit for correction and/or supplement. The time limit for this step may be prolonged due to the aforesaid reasons.

    Step 3: Publication of the application

    Within 2 months from the date of formality acceptance, the industrial design will be published and made available to the public. Any interested party will be able to oppose the registration of the design.

    Step 4: Substantive Examination

    The IPVN will be subject to substantive examination within 9 months from the date of publication.

    If the application fulfills the requirements and there is no opposition, the IPVN will issue a notice of its intention to grant the industrial design registration and request to pay registration fee.

    Otherwise, the IPVN will issue a notice on its intended refusal, clearly stating the reasons and setting a time limit for the applicant to give opinions and satisfy the requirements. The time limit for this step may be prolonged due to the aforesaid reasons.

    Step 5: Notification of refusal

    If the applicant fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the time limit, the IPVN shall issue a decision of refusal. The applicant may appeal against the decision of refusal with Director General of IPVN or initiate lawsuits at the court.

    Step 6: Successful registration

    Within 10 days after receiving the registration fee, the IPVN shall issue the Industrial design Patent.

    The time taken for the industrial design registration, from the filing date to the issuance of patent, is about eightteen (18) months for a smooth application. The time will be longer should IPVN raise objection/refusal to your design or should your application face opposition.

     

    Industrial Design Examination Procedure        

    Renewal & Maintenance

    At Adong, we believe our job does not end with the successful registration of the clients’ designs. We offer a full range of competitively priced renewal and maintenance services.

    To keep validity of industrial design patent, you must file a renewal application with IPVN within 6 months prior the expiry date. If you have passed the deadline, there is a six months grace period in which you may still file your application for an additional fee. Once the grace period is passed, your registration will be cancelled and cannot be revived or reinstated.

    The renewal requirements consist of:

    a) original Vietnamese Industrial Design Patent;

    b) A power of attorney from the owner.

     

    Please contact us: