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Đăng ký nhãn hiệu

Posted on by Naci Law
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Đăng ký nhãn hiệu giúp cho doanh nghiệp, cá nhân có thể sử dụng độc quyền tên gọi, biểu tượng của sản phẩm, dịch vụ do mình cung cấp. Việc đăng ký nhãn hiệu được lập thành hồ sơ và do Cục sở hữu trí tuệ Việt Nam quản lý, xem xét và ra quyết định bảo hộ hay từ chối bảo hộ.

Việt Nam hiện nay tuân theo nguyên tắc nộp đơn đầu tiên nên việc đăng ký nhãn hiệu là hết sức quan trọng. Đặc biệt Giấy chứng nhận đăng ký nhãn hiệu sẽ là một tài liệu chứng minh hiệu quả và có giá trị lớn khi sảy ra tranh chấp về tên gọi, biểu tượng, dấu hiệu nhận biết…giữa các cá nhân, tổ chức hoạt động thương mại.

giay-chung-nhan-dang-ky-nhan-hieu
Cục sở hữu trí tuệ Việt Nam sẽ xem xét và đánh giá khả năng bảo hộ của nhãn hiệu

Đăng ký nhãn hiệu tại được tiến hành theo ba hình thức

  1. Đăng ký trực tiếp tại Cục sở hữu trí tuệ Việt Nam
  2. Nộp đơn qua đường bưu điện, chuyển phát nhanh tới Cục sở hữu trí tuệ Việt Nam
  3. Đăng ký trực tuyến (online)

Liên hệ 0978938505 để được tư vấn chi tiết về các hình thức đăng ký

Thời gian đăng ký nhãn hiệu

– 09-12 tháng kể từ ngày nộp đơn. Cục sở hữu trí tuệ Việt Nam sẽ xem xét và đánh giá khả năng bảo hộ của nhãn hiệu đăng ký, từ đó sẽ đưa ra quyết định chấp nhận bảo hộ hay từ chối bảo hộ

Nguyên tắc nộp đơn

– “First to File” – “Nộp đơn trước”. Đây cũng là nguyên tắc đăng ký chung của Việt Nam.

nguyen-tac-nop-don-dau-tien
Việt Nam tuân theo nguyên tắc nộp đơn đầu tiên

Hiện nay trên thế giới tồn tại hai nguyên tắc nộp đơn: First to file và First to use. Việt Nam theo hệ nguyên tắc First fo File và cho hưởng quyền ưu tiên nộp đơn là 06 tháng kể từ ngày nộp đơn đầu tiên (Công ước Paris)

Hồ sơ Đăng ký nhãn hiệu

– Mẫu nhãn hiệu cần bảo hộ

+ Phần chữ

+ Phần hình

+ Phần slogan (khẩu hiệu)

– Tờ khai đăng ký nhãn hiệu (theo mẫu: liên hệ luatsubanquyen@gmail.com để nhận mẫu Tờ khai)

– Giấy đăng ký kinh doanh (Đăng ký cho công ty/tổ chức)

– Giấy chứng minh thư nhân dân (Đăng ký cho cá nhân)

Hiệu lực văn bằng bảo hộ

Giấy chứng nhận đăng ký nhãn hiệu (đăng ký nhãn hiệu) tại Hà Nam có hiệu lực kể từ ngày được Cục cấp văn bằng và kéo dài hết mười năm kể từ ngày nộp đơn (hoặc ngày ưu tiên)

Như vậy có thể tóm lược việc Đăng ký nhãn hiệu như sau

Yêu cầu Thời gian Tài liệu / hồ sơ
Đăng ký nhãn hiệu

09 – 12 tháng

 – Nhãn hiệu cần đăng ký– Danh sách sản phẩm/ dịch vụ gắn kèm với nhãn hiệu– Tên/ địa chỉ người nộp đơn
Tiếp nhận/ giải đáp thắc mắc : luatsubanquyen@gmail.com Tel: 0978938505

 TRUNG TÂM 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:

+ Tư vấn và giải đáp các vướng mắc trước khi nộp hồ sơ.lien-he-dang-ky-ban-quyen

+ Cung cấp hồ sơ/ tài liệu liên quan tới việc nộp hồ sơ

+ Chuẩn bị hồ sơ/ tài liệu phục vụ cho việc nộp đơn

+ Nộp hồ sơ và đại diện theo dõi hồ sơ tại Cục sở hữu trí tuệ

+ Trả lời các ý kiến của Xét nhiệm viên/ phúc đáp công văn của Cục sở hữu trí tuệ.

Để biết thêm thông tin chi tiết vui lòng liên hệ hòm thư: luatsubanquyen@gmail.com hoặc số điện thoại (+84)4 66 86 18 46 / Hotline: 0978938505.

Naci Law

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