Assignment of a trademark right means the transfer of ownership right by owner of such trademark right to another organization or individual. Trademark Assignment in Vietnam be established in the form of written agreement. Oral agreements, letters or telegrams shall not be accepted and have no legal effect.
1. Required documents
For recordal of assignment, we need you to provide us with the following:
• One executed original of Deed of Assignment, which must be signed and sealed by both Assignor and Assignee. Since the Deed of Assignment has two pages, both Assignor and Assignee should sign on each page or use company stamp to inter-cross seal over all pages (NO further notarization or legalization is required);
• A Power of Attorney (POA) that should only be signed by the Representative of Assignee and then fixed the Company’s stamp over the signature (if any). In case the pending application for recordal of assignment is being handled by IP Agent other than us, please kindly provide us with a specific POA which states that the authorization to the current agent is revoked (NO further notarization or legalization is required);
• The relevant original Certificate of Trademark Registration (if recording the assignment for a registered one).
2. Endorsement
After the recordal of assignment is completed, the NOIP will issue the following documents:
• The Notice of Assignment Recordal in case of a pending Trademark Application.
• The Certificate for Registration of Deed of Assignment in case of Trademark Registration. In addition, the name and address of new owner will be endorsed on the last page of this Certificate of Trademark Registration.
3. Time frame
The whole duration for recordal of assignment will in straightforward case is 2 months counted from the filing date. However, in practice, this duration can be extended from 3-6 months.
4. Other notes
Under Vietnam Intellectual Property Law, the trademark assignment will not be approved in the following cases:
• The subject mark for assignment identical/confusingly similar to the trade name of assignor as it shall cause the confusion as to the origin of goods or services with those of assignor.
• The subject mark for assignment similar or identical to other trademarks but not for assignment of Assignor in respect of similar goods or services as it shall cause the confusion as to the origin of goods or services with the rest of assignor.
Should you need more information or require advice on trademark assignment as well as other IP matters in Vietnam, Laos, Cambodia and Myanmar, please do not hesitate to contact us via email: info@havip.com.vn
