PROCEDURES FOR REGISTRATION OF GEOGRAPHICAL INDICATION PROTECTION

Currently, geographical indications are an intellectual property product with a high demand for protection registration, meeting the need for market expansion and local product development. So how is the procedure for registering geographical indications regulated by law?

1. Overview of geographical indications

a. What is a geographical indication?

A Geographical indication is sign used to indicate products originating from a specific area, locality, territory or country.

b. If the following conditions are met, geographical indications will be protected:

– Products bearing geographical indications have geographical origin from the area, locality, territory or country corresponding to the geographical indication; ký bảo hộ chỉ dẫn địa lý

– Products bearing geographical indications have reputation, quality or characteristics mainly determined by the geographical conditions of the area, locality, territory or country corresponding to that geographical indication.

c. Objects are not protected as geographical indications

The following objects are not protected as geographical indications:

– Names and indications have become common names of goods according to the awareness of relevant consumers in the territory of Vietnam;

– Geographical indications of foreign countries in which geographical indications are not protected, have had their protection terminated or are no longer used;

– A geographical indication that is identical or similar to a trademark that is currently protected or has been filed under a trademark application with an earlier filing date or priority date, if use of that geographical indication is made to cause confusion as to the commercial origin of the goods;

– Geographical indications mislead consumers about the true geographical origin of the product bearing that geographical indication.

2. Procedures for registration of geographical indication protection

a.  Step 1: Prepare geographical indication registration dossier

The geographical indication registration dossier includes:

– Registration declaration according to the prescribed form.

– Documents, samples, and information identifying geographical indications requiring protection in a geographical indication registration application include:

+ Names and signs are geographical indications;

+ Products bearing geographical indications;

+ A description of the characteristics, specific quality, and reputation of the product bearing the geographical indication and the typical elements of natural conditions that create the specific characteristics, quality, and reputation of that product ( hereinafter referred to as the description of specific properties);

+ Map of the geographical area corresponding to the geographical indication;

+ Documents proving that the geographical indication is being protected in the country where that geographical indication is located, if it is a foreign geographical indication.

– Power of attorney, if the application is submitted through a representative;

– Documents proving the right to registration, if the applicant enjoys that right of another person;

– Documents proving priority rights, if there is a claim for priority rights;

– Proof of payment of fees and charges. Register for protection.

b. Step 2: Submit application for geographical indication registration

Once the application has been fully prepared, the owner submits the application to the Intellectual Property Department. The Intellectual Property Department will receive the application if the application meets the conditions. The filing date is the date the application is received by the Intellectual Property Department or the international filing date for applications filed under international treaties.

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c. Step 3: The National Office of Intellectual Property appraises the form of the geographical indication registration application

After receiving the application, the Intellectual Property Department will conduct a formality appraisal to assess the validity of the geographical indication registration application.

d. Step 4: The National Office of Intellectual Property announces the geographical indication registration application

– The geographical indication registration application that has been duly accepted by the Intellectual Property Department will be published in the Industrial Property Official Gazette.

– The geographical indication registration application will be published within two months from the date the application is accepted as a valid application.

– From the date the registration application is published to the date before the decision to grant the certificate of protection, any third person has the right to give a written opinion attached with documents proving the grant or not grant a certificate of protection for that application and send it to the Intellectual Property Department.

e. Step 5: The Intellectual Property Department evaluates the content of the geographical indication registration application

– After being legally recognized, the geographical indication registration application will be appraised for content to assess the possibility of granting a certificate of protection to the subject stated in the application according to the protection conditions and determining the corresponding  scope of protection.

– The geographical indication registration application shall be appraised for content within no more than six months from the date of publication of the application.

f. Step 6: The Intellectual Property Department issues a certificateof protection