For obtaining a Certificate of Trademark Registration, a business (hereinafter called an applicant) must prepare an application for registering a trademark to file with the Competent Authority. Based on the application received and the requirements for protection according to the Law on Intellectual Property, the Competent Authority will examin and then notify the applicant of the results that the trademark in the application can match or not match the requirements for protection, in the basis of that will issue the Decision of granting or no granting the Cettificate of Trademark Registration to the applicant.
Before preparing an application for a trademark, the applicant needs have the following information, doccuments: the reproductions of a trademark have to be clear, sharp; the listing of products, services acompanying to trademark has to be specific, exact; the name and address of applicant has to be full, not acronymous; the national fees have to be paied in right, full; in case the applicant makes an option to designate an Intellectual Property Representative on be behalf of themselves before the Competent Authority, for example designating Truong Luat as Intellectual Property Representative, also file a Power of Attorney signed and stamped. Please note that an application for registering a trademark having a Intellectual Property Representative is one containg the name and address of an applicant as well as the name and address of Intellectual Property Representative.
In general, filling an application for registering a trademark through an Intelllectual Property Representative is not mandatory, however, Truong Luat recomends that bussinesses should designate an Intellectual Property Representative in the application as the application after received by the Competent Authority must be examined in a long time that may be over one year and based on complexilary requirements for protection, so should be highly assisted by an Intellectual Property Represntative satisfying with requirements according to legal provisions. Actually, most of bussinesses, from in Vietnam to in the world, have an Intellectual Property on be behalf of themselves with filing, monitoring, representing to directly contact with the Competent Authority in respective with their applications.