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Results: 4 Answers
Trademarks
4.
Appeals
4.1
If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?
 
Vietnam
Where NOIP issues an office action (a provisional refusal of protection), the applicant may submit a first appeal arguing that the mark is eligible for protection. If NOIP is not satisfied by this response, it will issue a decision confirming refusal. The applicant can appeal this decision before NOIP’s Appeal Settlement and Enforcement Division. However, for Madrid-based applications, the first appeal will be handled by NOIP’s Geographical Indication and International Trademark Division, which handles Madrid applications.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.2
What is the procedure for appealing a trademark office refusal?
 
Vietnam
For both national applications and international (Madrid-based) applications, if NOIP issues notification of refusal or notification of provisional refusal of protection (issued by the Trademark Division or the Geographical Indication and International Mark Division, respectively), the applicant has the right to submit a review to the department which issued that notification within three months (extendable for a further three-month term upon payment of a prescribed charge) of the date of issuance or from the date of NOIP sending notification.

If NOIP’s notification is upheld, the applicant may submit a further review to another independent department under NOIP – the Appeal Settlement and Enforcement Division – within 90 days (non-extendable) of the date of issuance of the review decision.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners
4.3
Can the reviewing body’s decision be appealed? If so, to what body and by what procedure?
 
Vietnam
If the review decision is upheld, the applicant may appeal to the Ministry of Science and Technology, under which NOIP operates, within 30 days of the date of issuance of the Appeal Settlement and Enforcement Division’s decision; or may initiate an administrative lawsuit before the courts within one year of the date of receipt of that decision.

For more information about this answer please contact: Le Quang Vinh from Bross and Partners