What is the certification trademark?

 What is the certification trademark?

  The certification trademark means a mark that is authorized by the owner to other organizations or individuals for use for their goods or services in order to certify characteristics in respect of origin, materials, method or mode of goods manufacture, or service provision, quality, accuracy, safety or other definable characteristics of the goods or services bearing that mark.

  Which organization has the right to register the certification trademark?

  According to the regulations of clause 4, Article 87 of the Intellectual Property Law and point 37.5 of Circular No. 01/2007/TT-BKHCN, organizations with the function of controlling and certifying quality, properties, origin or other relevant criteria of goods or services shall have the right to register certification marks, provided that such organizations are not engaged in production or trading of such goods or services.

  Requirements for mark specimens:

  In addition to the mark specimen attached to the written declaration, the application must be enclosed with 9 identical mark specimens that satisfy the following requirements:

  – A mark specimen must be clearly presented with the dimensions of each element of the mark ranging between 8 mm and 80 mm, and the entire mark must be presented within a mark model of 80 mm x 80 mm in size in the written declaration;

  – For a mark being a three-dimensional figure, the mark specimen must be accompanied with a photo or drawing showing the three-dimensional disposition and may be accompanied with a descriptive specimen in the projection form;

  – For a mark involving a claim for protection of colors, the mark specimen must be presented with the very colors sought to be protected. If the protection of colors is not claimed, the mark specimen must be in black and white.

  The dossiers need to be submitted with the application form for a certification trademark

  According to the regulation of point 7.1 of Circular No. 01/2007/TT-BKHCN:      

  – For an application for registration of an invention, layout design, industrial design, mark or geographical indication, mandatory documents include:

  + Declaration for registration;

  + Documents, specimen and information disclosing the industrial property object sought to be registered;

  Particularly for an invention registration application, a description of the invention; for an industrial design registration application, a set of photos, a set of drawings and a description of the industrial design; for a mark registration application, the mark specimen and list of goods and services bearing the mark; for a geographical indication, a description of particular characteristics and quality of products bearing the geographical indication and a map of the geographical area subject to the geographical indication;

  + Fee and charge receipts.

  In case of absence of any of the above documents, the NOIP may refuse to accept the application.

  – For an application for registration of a collective mark or certification mark, in addition to the documents specified at Point 7.1 .a above, the application must also contain the following documents:

  + Rules on the use of the collective mark or the certification mark;

  + Explanation of particular characteristics and quality of the product bearing the mark (if the to-be-registered mark is a collective mark used for a product with unique characteristics or a mark for certification of the quality of a product or a mark for certification of geographical origin);

  + Map showing the indicated territory (if the to-be-registered mark is a mark for certification of the geographical origin of a product).

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