Thủ tục đăng ký nhãn hiệu hàng hoá mặc dù không bắt buộc nhưng được khuyến khích thực hiện với mục đích giúp cho chủ sở hữu của nhãn hiệu được độc quyền sử dụng và ngăn chặn hành vi làm giả và nhái thương hiệu.
Nhãn hiệu hàng hoá bao gồm:
1. Chữ có khả năng phát âm, có nghĩa hoặc không có nghĩa.
2. Hình vẽ, ảnh chụp, thiết kế bao bì.
3. Chữ hoặc tập hợp các chữ kết hợp với hình vẽ, ảnh chụp
Nhãn hiệu đòi hỏi phải được tạo thành từ yếu tố độc đáo, dễ nhận biết. Không trùng hoặc tương tự tới mức gây nhầm lẫn với nhãn hiệu khác đã được đăng ký.
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Thủ tục đăng ký nhãn hiệu hàng hoá
Bước 1. Chuẩn bị Hồ sơ:
– Tờ khai đăng ký nhãn hiệu (theo mẫu)
– Mẫu nhãn hiệu hàng hoá ( 15 bản)
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Bước 2. Nộp đơn (theo một trong ba cách thức sau)
- Đăng ký trực tiếp tại Cục sở hữu trí tuệ Việt Nam
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- Đăng ký trực tuyến (online)
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Bước 3. Thẩm định hồ sơ
Đơn đăng ký nhãn hiệu được xem xét và quyết định bảo hộ hay không bởi Cục sở hữu trí tuệ Việt Nam sau khi được thẩm định trong thời gian từ 14 – 16 tháng.
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- Trong thời hạn 2 tháng kể từ ngày chấp nhận đơn hợp lệ, đơn đăng ký nhãn hiệu được công bố trên công báo Cúc sở hữu công nghiệp.
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- Cấp văn bằng bảo hộ trong vòng 1 tháng
TRUNG TÂM HỖ TRỢ & PHÁT TRIỂN THƯƠNG HIỆU
Là trung tâm được thành lập và quản lý trực tiếp từ Luật Quốc Dân – là một Tổ chức Đại Diện Sở Hữu Công Nghiệp được Cục Sở hữu trí tuệ Việt Nam cấp phép bằng văn bản: Trung tâm có chức năng và hỗ trợ cho các cá nhân/ tổ chức thực hiện việc đăng ký nhãn hiệu:
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+ Cung cấp hồ sơ/ tài liệu liên quan tới việc nộp hồ sơ
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+ Trả lời các ý kiến của Xét nhiệm viên/ phúc đáp công văn của Cục sở hữu trí tuệ.
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