Procedures for Industrial design registration

1. Application for Industrial design registration

• The industrial design registration declaration is made according to the form issued by the National Office of Intellectual Property (printed in 03 sets).

• A letter of authorization.

• A set of photos or drawings of the industrial design that shows the viewpoints of the object that needs to be registered for protection of the industrial design.

• Description of the industrial design (printed in 03 sets).

• In case the design contains trademark marks: the applicant needs to submit documents certifying the trademark ownership. 

Specifically: A document confirming the legal right to file a trademark application if the applicant enjoys the filing right of another person (Certificate of Inheritance; Certificate or Agreement on assignment of the right to file a registration application trademark; Job assignment contract or Labor contract) (01 copy).

• In case the application for registration of an industrial design applies for the right of priority, it is necessary to provide a copy of the first application or a document certifying the display at the exhibition if the application contains a request for priority right under a treaty economic (01 copy). The right of priority applies only to industrial design registration applications of foreign organizations and individuals in Vietnam.

2. Industrial design registration procedures

Step 1: Determine the object of industrial design registration

It is necessary to determine whether the object registered is within the scope of protection of the industrial design? Then deciding whether to submit an application or not.

Step 2: Classify and search for designs

The classification and search will help the applicant assess the possibility of registration before deciding to submit the application.

Step 3: Prepare industrial design registration documents

After searching and concluding that the industrial design is eligible for registration, the applicant will prepare the registration dossier according to the information below.

Step 4: Submit an application at the National Office of Intellectual Property

The submission of the application will be given the earliest priority to avoid the loss of novelty and the earliest priority date.

Step 5: Issuing an Industrial design registration certificate

In case the industrial design is eligible for protection, the NOIP will issue a notice issuing a title for the design, otherwise the NOIP will refuse to issue a registration certificate.

3. Steps for examination of industrial design registration applications

Step 1: Formal examination of the industrial design registration application.

Step 2: Publication of a valid application for industrial design registration.

Step 3: Examination of the content of the industrial design registration application.

Step 4: Issuing a protection certificate or rejecting an industrial design application.

4. Implementation time for registration Industrial design

The time for registration Industrial design will depend on the time during the examination of the design application. As follows:

• Time for formal examination of the application form: 1-2 months.

• Time to publish a registration application in the Industrial Property Official Gazette: 1 month.

• Time for substantive examination of design registration applications: 8-10 months.

• Time to issue registration certificate: 1-2 months.

The above article is the entire procedures for Industrial design registration in accordance with the law. Enterprises and individuals wishing to carry out the Industrial design registration procedures as well as find out the general conditions and methods of Industrial design registration in Vietnam should clearly grasp the above procedures to protect their legitimate interests.