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.
You are required to provide us the following documents:
- 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;
- The relevant original Certificate of Trademark Registration (if recording the assignment for a registered one).
Procedures and time
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.
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.
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.