Á Đông IP, with Intellectual Property Representative Code 78, has been recognized as an intellectual property representative organization by the Intellectual Property Office of Vietnam since 2007. With nearly 20 years of operation, Á Đông IP has assisted tens of thousands of domestic and international clients in establishing intellectual property rights, particularly in industrial design registration. The company also provides services for amending applications, transferring ownership, renewing, issuing copies, and handling industrial design infringements both in Vietnam and internationally.
INDUSTRIAL DESIGN REGISTRATION CONSULTATION
An industrial design refers to the external appearance of a product or the arrangement of parts to assemble a complex product. This design can be expressed through elements such as shapes, lines, colors, or combinations thereof, and must be visible during the product’s practical use or the complex product’s assembly. - According to Article 4, Clause 13 of the Intellectual Property Law of 2005 (amended in 2022).
According to Article 63 of the Intellectual Property Law of 2005, an industrial design will be protected if it meets the following conditions:
- Novelty;
- Creativity;
- Industrial applicability.
According to Article 64 of the Intellectual Property Law of 2005, the following objects are not protected as industrial designs:
- The external appearance of a product determined solely by its technical features;
- The external appearance of civil or industrial construction works;
- The shape of a product that cannot be observed during the use of the product.
An industrial design can be registered for exclusive protection in Vietnam if it meets the following standards:
- Novelty;
- Creativity;
- Industrial applicability.
The industrial design registration procedure consists of five steps:
Step 1: Application Receipt
The application can be submitted directly at the Intellectual Property Office in Hanoi or sent by mail to its representative offices in Ho Chi Minh City and Da Nang.
Step 2: Formality Examination
The Intellectual Property Office checks compliance with formality requirements and determines whether the application is valid (Acceptance of valid application/Refusal of valid application).
- For valid applications, the Office issues a decision to accept the valid application.
- For invalid applications, the Office notifies the intention to refuse acceptance, stating the reasons and deficiencies. The applicant is given two months to respond or correct the deficiencies. If no response or inadequate correction is made, the Office issues a decision to refuse acceptance.
Step 3: Application Publication
After acceptance, the application is published in the Industrial Property Gazette.
Step 4: Substantive Examination
The Office assesses the protection eligibility of the subject matter in the application against the protection conditions (novelty, creativity, industrial applicability) to determine the scope of protection.
Step 5: Decision to Grant/Refuse Protection
- For subjects not meeting protection requirements, the Office issues a decision to refuse protection.
- For subjects meeting protection requirements and with full and timely fee payments, the Office issues a protection decision, records it in the National Register of Industrial Designs, and publishes it in the Industrial Property Gazette.
For an exclusive industrial design application, the following documents are required:
- Power of Attorney (according to Á Đông IP's template);
- Photographs of the design as guided;
- Name and address of:
- The applicant;
- The industrial design author.
Upon receiving these documents, we will draft, file the application, and necessary paperwork for registration at the Intellectual Property Office.
The registration process for an industrial design, from application submission to protection grant, takes 12-16 months. The process stages are as follows:
Timeline:
- Formality Examination: 01–02 months from the application date.
- Examination of the formality of the application and accompanying documents. If compliant, a valid application notice is issued.
- Application Publication: 02 months from the valid application notice.
- Publication of industrial design information in the Industrial Property Gazette.
- Substantive Examination: 09-12 months from the publication date.
- Examination of the industrial design’s eligibility for protection. If compliant, an exclusive industrial design protection notice is issued.
- Protection Grant Publication: 01-03 months from the fee payment date.
- Publication of the exclusive industrial design protection information in the Industrial Property Gazette.
Á Đông IP provides the following industrial design registration services:
- Preliminary consultation and clarification of all queries before starting the registration process.
- Conducting searches to ensure the design's uniqueness and legality.
- Drafting the necessary documents to complete the registration application.
- Filing and tracking the application until the final outcome.
- Delivering the exclusive industrial design protection certificate to the applicant after the process is completed.
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
