Industrial Design Opposition

Entitlement: Any third party is statutorily entitled to file a Notice of Opposition to a pending design application in Vietnam after such design application is published in the official gazette for registration of industrial property in Vietnam.

Required documents: The documents shall be completed according to the form template provided by IP VIETNAM and service charge paid, and the request for opposition to a design application shall comprise the following documents:

  • A Notice of Opposition to a patent or petty patent application;
  • Supporting documents and evidence clarifying the opposition;
  • A notarized Power of Attorney, if a Notice of Opposition is filed through an IP agent;
  • Payment receipt of service charges

If the opponent or the opposed is not satisfied with the result of IP VIETNAM’s decision, either of them can request a final consideration through an administrative procedure to IP VIETNAM in order to appoint a Committee of Final Consideration to issue a decision where such a request shall be submitted within 03 months since the date of a notification from IP VIETNAM.

No matter how long the opposition procedure takes, the pending status of an application opposed by a third party shall drag out the examination process of the application. Therefore, the issue implies that the applicant had better conduct an availability search prior to registration for actively preparing a strategic plan to cope with the possible risks.