Industrial Design Consultant in Vietnam

Before a new design is launched, or sold in a new country, client company needs to ensure the Intellectual Property protection of industrial design.

 

Industrial Design Consultant in Vietnam

We are an industrial design consultant in Vietnam with lawyers with qualification and experience to assist client from application, protection, and dispute handling process.

ANT Lawyers IP Practice offers industrial design services as following:

-Look-up, assess and consult possibilities to register industrial design in Vietnam and abroad;

-Represent clients in applying for certificates of industrial design, record modification, extend degree of industrial protection in Vietnam and abroad;

-Evaluate the effectiveness of the certificate of industrial design registration and the possibility of industrial design rights violation;

-Implement of the protected industrial design rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;

-Negotiate, draft, evaluate and register the of changing industrial design ownership in Vietnam and abroad;

-Advise on building strategies, brand development;

ANT Lawyers offers industrial design services to protect intellectual assets through advising, searching, filing design by industrial design attorney in Vietnam.

 

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Copyright in Vietnam

Copyright means the rights that creators have over their literary and artistic works including software, database, technical drawings, maps, books, music, paintings, photograph, architecture, sculpture, and films, advertisements…

Copyright in Vietnam

Developing countries tend to have lower IP indexes than developed countries. However, with the integration into the global economy through signing trade agreements, the bar for protection of life sciences IP, copyrighted content online, and enforcement against IP theft have been raised in developing countries including Vietnam because it realizes the benefits it brings. Hence, Vietnam has reviewed and changed its IP law in a way that better protect copyrights in Vietnam.

We are a copyright consultant in Vietnam with lawyers having suitable qualifications and experience to assist client from application, protection, and dispute handling process.

ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights in Vietnam as following:

-Advise legal matters of copyright and related rights in Vietnam and abroad;

-Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;

-Complete the applications and file to register copyright and related rights;

-Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.

It is important to register copyrights in Vietnam for better protection hence our IP attorney at ANT Lawyers always strive our best to provide copyright registration services in Vietnam to client.

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New Regulations of Intellectual Property Law in 2022

Intellectual property is currently playing a very important role in Vietnam and other countries around the world. With the participation in Trade Agreements and market expansion, the regulations on intellectual property have had many positive changes towards the protection and promotion of intellectual property rights and in line with the general trend of countries.

 

Intellectual property rights in Vietnam

Intellectual property rights are the rights of organizations or individuals to trademarks, inventions, designs or other forms of creation. Currently, intellectual property rights are recognized as an asset class, which can constitute corporate assets. Popular groups of intellectual property today include: (i) Copyright; (ii) Inventions; (iii) Industrial design; (iv) Trademarks. These are objects created by thinking, mental labor, cognitive activities of people and protected by law.

Currently, intellectual property rights are governed by the 2005 Intellectual Property Law, which was amended and supplemented in 2009, and 2019. These are efforts in changing Vietnam’s legal system in raise awareness and perfect the legal system on intellectual property of Vietnam. Up to now, the Intellectual Property Law has created a legal corridor for organizations and individuals to establish and protect intellectual property rights, contributing to encouraging creative activities, and enhancing the value of intellectual property, wisdom. However, after 17 years since its promulgation, the Law on Intellectual Property has also arisen problems, inadequacies and incompatibility to ensure the implementation of commitments on intellectual property in trade agreements to which Vietnam is a member.

To implement the above guidelines and policies, the National Office of Intellectual has coordinated with relevant agencies to change and supplement regulations on intellectual property accordingly. Accordingly, the content of amendments to the Intellectual Property Law focuses on importnt groups of policies with about 100 amended and supplemented articles. Therefore, obstacles and inadequacies such as regulations on licensing of patents, industrial designs, layout designs and plant varieties are the result of scientific and technological tasks using the state budget; regulations relating to procedures for registration and establishment of intellectual property rights and validity of protection titles; regulations on security control for inventions before registration abroad; on compensation to patent owners for delays in marketing authorization of pharmaceutical products; on sound trademark protection; on geographical indication management; on liability for copyright and related rights for enterprises providing intermediary services.

In addition to the Draft of Intellectual Property Law, the Draft Circular is also proposed to stipulate economic – technical norms for a number of public services funded by the state budget, including training and retraining services on Intellectual Property, the service of confirming the validity of international registration of trademarks protected in Vietnam.

Moreover, the National Office of Intellectual also implemented the reform and modernization of the information technology system, reducing the burden of administrative procedures, internal processes to handle administrative procedures; actively review and evaluate administrative procedures and develop a plan for decentralization and simplification of administrative procedures in the field of intellectual property; organize the collection of fees and charges via commercial bank accounts and issue receipts of electronic fees and charges. In addition, the information synchronization for the Government’s National Public Service Portal is also interested in development.

The new Draft Law on Intellectual Property has many additions and adjustments in accordance with practical requirements and is expected to take effect, which will help solve problems that still exist. However, in order to ensure that the enforcement of intellectual property rights is effective and meets the set requirements, businesses need to pay attention and comply well with legal regulations.

If the client needs any other information or requires for further advice, our IP attorney in Vietnam at ANT Lawyers, the IP agent in Vietnam will be available for service.

 

 

 

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How to Dealing with Trademark Infringement in Vietnam?

According to Vietnam law on intellectual property, when detecting the trademark infringement act, the trademark owner has the self-protection right includes (i) apply technological measures to prevent acts of trademark infringement (ii) request organization or individual who commits an act of trademark infringement of the holder to terminate such act, make a public apology or rectification, and compensate damages; (iii) request the competent authority to handle with acts of trademark infringement in accordance with the provisions of laws.

 Trademark Infringement in Vietnam

Firstly, to apply the technological measures to prevent acts of trademark infringement measure, infringed party may give our the information related to original of emergence, trademark certificate, protection and duration scope and other information related to the right of trademark owner in order to inform that the infringed trademark are under protection warn the infringing party not to infringe. Besides, the owner of infringed trademark may use the technical means or measures to mark, identify, distinguish and protect the infringed trademark.

 Secondly, the owner could also request organization or individual who commits an act of trademark infringement of the holder to terminate such act, make a public apology or rectification, and compensate damages. In particular, the trademark owners may themselves or authorize to individual or organization, IP attorney in Vietnam to send to the infringed party to stop the the infringement by indicating the information regarding origin of infringement, trademark certificate, protection scope, protection duration and set a reasonable period of time for the infringer to terminate the act of infringement. In addition, depending on the case and level of infringement, the written request will bear different content. It can be said that this is a prior-should-use measure before taking other measures including application of technological measures. If the violating party cooperates and stops the infringement, it will save time and money of both parties when not taking other stronger measures.

Thirdly, owner of trademark could request the competent authority to deal with acts of trademark infringement in accordance with the provisions of laws. When the trademark owner sends the request as mentioned above to infringing party, and, the violated party does not cooperate and continue the infringement, infringed party may sent a request to competent authority with the information such as: date of making the request; name and address of infringed party or their legal representative; name of receiving request authority; name and address of infringing party; name and address of the suspected violator in the case of request for temporary cessation of customs clearance for exports or imports suspected of infringement; brief information of infringed trademark and infringement; proposed measures to handle infringement; documents and evidence accompanying the request. Depending on the seriousness of the infringement, the petitioner may submit a request to the relevant authorities to apply administrative, civil, criminal or customs measures. Be noted that if the request is sent to custom authority for temporary cessation of customs clearance for imports or exports suspected of infringement, it is required to provide the additional information on the mode of import or export, country of exportation, mode of packaging, the lawful importer or exporter, features of lawfully imported or exported goods for distinction from infringing goods.

Overall, it is important to protect the intellectual property rights. Further, engaging with IP attorney in Vietnam will help the process efficiently from registration, managing the intellectual properties, protecting the intellectual property from infringement, and handling the disputes against the IP violators in Vietnam through administrative measures, civil litigation or even criminal prosecution.

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Should I hire a Trademark lawyer to file trademark application?

The answer is (almost always) “yes!”

Of the many reasons to hire a trademark lawyer for a Trademark (TM), here are few...

-The process can be time-consuming - particularly conducting an exhaustive search of existing trademarks and handling any office actions that come back. Experienced trademark and IP lawyers have successfully submitted many trademark applications, so they will be able to efficiently file your application, allowing you to focus your energy on other company matters.

Trademark protection in Vietnam

-A comprehensive search of trademarks often must go beyond the USPTO’s (already difficult/confusing to search) Trademark Electronic Search System. This would be extremely difficult to accomplish without an attorney and/or professional search. It is much more cost-effective to hire a lawyer up front, than to hire one to rectify problems when you either get an office action or realize your protection wasn't as robust or complete as you'd understood.

-A trademark lawyer can help you frame your application in the best possible way (by selecting appropriate categories/drafting how it is being used/deciding whether to apply for plain text or logo protection-among many other considerations), making it more likely that your application will be granted on the first try and obtain the maximum possible protection for your company.

-Finally, a trademark or IP lawyer can help you after the process is over to help you craft a long-term IP strategy.

Source: Quora

If you are looking for a high-quality, experienced lawyer to work on trademark issues for your company, you should check out ANT Lawyers to get in touch with some of the best. ANT Lawyers - IP services in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

We assist our clients in all steps of the prosecution phase of IP management.

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What Are Requirements For Sets of photos or Drawings of Industrial Design?

Set of photos or drawings is one the most important documents of the dossier for registration industrial design. According to the laws on intellectual property of Vietnam, what sets of photos or drawings of industrial designs arerequired to satisfy which conditions?

In details, the following conditions are required for the sets of photos or drawings of industrial design:

-Photos or drawings must be clear and well defined; drawings must be presented with unbroken lines; the background of a photo or drawing must be monochrome and contrast with the industrial design; a photo or drawing must show only the product imbued with the industrial design sought to be protected (not accompanied with another product);

Industrial Design in Vietnam

-Photos or drawings must show the industrial design on the same scale. The size of the industrial design shown in photos or drawings must neither be smaller than 90 mm x 120 mm nor larger than 190 mm x 277 mm;

-Photos and drawings must show the industrial design viewed in the same direction and in the following order: three-dimensional picture of the industrial design, front, rear, right-side-left-side, top-down and down-top shadows of the industrial design; shown shadows must be frontispieces.

-For an industrial design with symmetrical shadows, its photos or drawings are not required to show more symmetrical shadows, provided that such is clearly stated in the list of photos and drawings in the description;

-For the industrial design of an expandable product (for instance: box, package), shadows of the industrial design may be replaced with photos or drawings of the industrial design in an expandable state.

-Depending on the complexity of an industrial design, more photos or three-dimensional drawings from other angles, cross-sections or magnified pictures of parts, pictures of knocked down components of the product, etc., may be required to clearly show new and distinctive design features of the industrial design sought to be protected.

-For a product that have different usages (for example: a product with cover or foldable), there must be photos or drawings of its industrial design in different states.

-For the industrial design of a part of a complete product, there must be more photos or drawings illustrating the position for fitting or use of such part on the complete set of product.

-For each variation of the industrial design, there must be a set of photos or drawings fully presenting it according to the above conditions.

-For a set of products, there must be three- dimensional pictures of the whole set and a set of photos or drawings of each product in the set according to the above conditions.

If Client needs more information or request for legal advice regarding intellectual property matters, please contact with ANT Lawyers to be assisted.

ANT Lawyers is supported by a team of experienced IP attorneys in Vietnam with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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What Are Obligations of Using Patent and Trademark?

When applicants of invention or mark are granted patent or trademark certificate, they are obliged to use these subjects. The reason for this provision which is, the owner may not use patents or trademarks in practical causing difficulties for the person who would like to use the patent and trademark in reality but cannot register as others has already registered.

According to Article 136 Vietnam Law on intellectual property clearly regulated on obligations of ownerin using patent and trademark.

Firstly, to patent, the owner is be obliged to manufacture protected products or apply protected processes to satisfy the requirements of national defence and security, disease prevention, and treatment and nutrition of the people or to meet other social urgent needs. When the needs stipulated in this clause arise but an invention owner fails to perform such obligation, the competent State body may license such invention to others without permission from the invention owner in accordance with the law.

Secondly, to trademark, trademark holder is obliged to use trademark continuously. Trademark used under a trademark use agreement by a transferee is also considered as an act of using the holder’s trademark. In case the trademark is not used continuously for five years or more, the Trademark Certificate of Registration shall be invalid.

Specifically, if the trademark holder or the person who is allowed to use the trademark do not use the trademark within continuous five years before the date of request to terminate the validity without reasonable reason, except the using starts or restarts at least 03 months up to date of having the termination of validity request.

If the client needs help with handling such complaint, our Intellectual property attorneys in Vietnam at ANT Lawyers will be of help.

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What are the benefits of intellectual property protection for a company?

Intellectual property includes a Trademark, Copyright, and Patent. It is important for a business as it shields them from rivals so that their idea or invention does not get copied.

Protect Intellectual Properties Rights in Vietnam

Intellectual property, like any other company asset, is part of a mix or resources that a company will use to create products and grow market share. IP is valued (in an accounting sense), sold, created or purchased based on a company’s strategy or business model - just like normal assets.

Some companies are very IP focused (software, pharma) and some not so much. Companies with a lot of licensing activities (think films & toys) are also very IP focused even though you may not immediately think so. IP is a means to differentiate your business (trademarks) or, if you have the financial resources, blocking competitors (patents). Again, this all boils down to how you want to use your company’s resources.

Along with this, there are other benefits that prove that intellectual property protection is important for a company. They are:

-Ability to have competitive advantages over small businesses.

-Enhances company value and goodwill.

-It helps to market your products and services.

-It provides export opportunities.

-You can easily acquire financial support for business.

Hope this helps…

Source: Quora

If you are interested in finding IP services in Vietnam, let ANT Lawyers helps. We can connect you with a skilled lawyer that is much more affordable than a traditional law firm attorney. Check us out and please get in touch if you’d like more assistance.

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How to Draft Contract for Licensing of Industrial Property Rights in Vietnam?

Licensing of industrial property rights is one of the legal measures to transfer technology. In accordance with Law on Intellectual Property, licensing of an industrial property rights means permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of the owner’s right.

Licensing of industrial property rights must be established in the form of a written contract. There are three types of industrial property object licence contracts: Exclusive contract; Non-exclusive contract; Industrial property object sub-licence contract.

Exclusive contract means a contract under which, within the licensing scope and term, the licensee shall have the exclusive right to use the licensed industrial property object while the licensor may not enter into any industrial property object licence contract with any third party and may use such industrial property object only with permission from the licensee.

Non-exclusive contract means a contract under which, within the licensing scope and term, the licensor shall still have the right to use the industrial property object and to enter into a non-exclusive industrial property object licence contract with others.

Industrial property object sub-licence contract means a contract under which the licensor is a licensee of the right to use such industrial property object pursuant to another contract.

What is the advantages and the disadvantages of licensing contract?

Firstly, for licensor, licensing can be used to access new markets that are not easily accessible. By allowing the licensee the right to market and distribute the products, the licensor can more easily enter the market; Licensing contract may stipulate measures for the licensor has the right of improvements, technical know-how and related products that will be developed by the licensee during the valid term of the contract. However, the licensor may not always claim these rights, and some countries have strict restrictions on including these types of terms in the licensing contract; Licensing is necessary if the product only sells best when combined or sold for use with another product; Last but not least, the licensing contract allows the licensor to hold ownership of the intellectual property and at the same time receive licensing fees, in addition to the profits gained from self-exploitation of such assets from products or services sold or provided by that party.

Besides the advantages, the licensing contract also has some disadvantages for the licensor. The licensee may become a competitor of the licensor. The licensee may make the licensor make less remuneration than the business losses resulting from the competition of the new competitor; The licensee may unexpectedly request contributions, for example, for technical assistance, human resource training, additional technical data, etc. It is important that the licensing contract must clearly stipulate the rights and obligations of the parties, whereby any disagreements that occur in the future can be resolved quickly and effectively; The licensor’s revenues depend on the skills, capabilities and resources of the licensee. This dependence is even greater in the case of exclusive licensing. The provisions of minimum wage and other provisions may be provided to avoid this, but this is still a concern.

Secondly, for the licensee, the advantage of a licensing contract is allowing access to technology that has been developed or is available to apply for helping businesses access to the market more quicly; Small companies may not have the resources to do and carry out the research to supply new and higher quality products. The licensing contract allows enterprises access to technical advances that are difficult to achieve by other measures; Licensing may also be necessary to maintain and develop an established market position but be threatened by new designs or production methods. Access to new technology through a licensing contract is the best way to overcome this challenge; There may be many opportunities to get a license when combining with existing company technologies can create new products, services and opportunities in the new market.

Regarding the disadvantage to the licensee, the licensee may have to make financial commitments to technology that is “not yet ready” for commercial exploitation, or need to modify the technology to meet its business needs; An intellectual property licensing contract may result in additional costs for the product. Many technologies integrated into products can create products with high technology content but are very expensive when publishing to market; Licensing may create technological dependence on suppliers, who may not extend the licensing contract and negotiate a licensing contract with other competitors to limit the market or to limit exploitation activities which was allowed in accordance with licensing contract.

If you are looking for an experienced IP attorneys in Vietnam to help you with your patent application, you should visit ANT Lawyers.vn. Our attorneys have experience with the patent process and will work closely with you as you apply for your patent. We routinely match inventors with experienced patent attorneys for a free consultation on our platform and offer a money back guarantee.

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What is a Trademark?

A Trademark generally refers to a “brand” or “logo”.

Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

Trademark registration services in Vietnam

Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality.

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

Use of TM, SM and ® symbols

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.

The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.

Source: Quora

If you're looking for an affordable Trademark attorneys in Vietnam, check out ANT Lawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

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How Vietnamese Companies Could Register Trademark in USA?

In order to expand business to the world market, the company should prepare the legal foundations before entering the foreign market or launching any products or services in another country. Many Vietnam companies aims to enter US market but there are opportunities and challenges.  One of our many issues are legal risks in intellectual properties protection law of the US. It is suggested the Vietnamese companies to consult with IP lawyers in Vietnam and US to register trademark and clear off such legal issues before launching products in the US.

Trademark in Vietnam 

              

When submitting for trademark registration in USA, individuals or enterprises need to comprehend its procedures to make the most reasonable choice.

Authority

The Vietnamese individuals and enterprises may directly file the dossiers for registration of US trademark to United States patent and trademark office (USPTO) or via Madrid System with US designation. However, if Vietnamese individuals and enterprises are not resident or do not have office in US choose to directly file the dossiers to USPTO, they must submit dossiers via a licensed US IP agent.

The required dossiers include:

-Trademark sample;

-Applicant’s information;

-Registration of goods/services;

-Filing basis.

Besides, based on each below filing basis, different dossiers would be required.

According to US Law, to the direct registration, applicant needs to file on following four basis:

1.Registration on the basis of Section 1(a). Accordingly, applicant will file the registration for the mark that already used in commerce in USA

On this basis, the applicant or their representative files used trademark application to USPTO. After 3 months from the filing date, the examiners will examine the dossiers to consider if it satisfies the protected criteria.

-If the examining attorney does not find grounds for refusing to register the trademark, and the application satisfies all legal requirements, the trademark will be approved for publication in the USPTO’s Trademark Official Gazette (TMOG) within one month for opposition. If there is no opposition or it is already resolved in regulated duration, then USPTO registers the trademark. Before the end of the first six-year period after the registration date, or within six months of the expiration of the sixth year with an additional fee, the applicant must file a Declaration of Use or Excusable Nonuse to keep the trademark alive. Besides, within one year before the end of every 10-year period after the registration date, or within six months of the end of the 10-year period, the applicant must file a Combined Declaration of Use or Excusable Nonuse/Application for Renewal.

-If the examining attorney finds grounds for refusing to register the trademark, or if the application does not satisfy all legal requirements, the examining attorney issues a letter (office action) explaining those refusals and/or requirements. The applicant must respond to the office action within six months of the date it was issued. (i) If the applicant does not respond within regulated period, the USPTO will sent to the applicant a Notice of Abandon (ii) If applicant responds in regulated time and USPTO considers it is reasonable, USPTO then approves the application and publishes it on TMOG for opposition. If there is no opposition or it is already resolved in regulated duration, then USPTO registers the trademark. If applicant responds in regulated time and USPTO considers it is unreasonable, then examining attorney will issue a final action letter. If the applicant responds in regulated time and examining attorney considers it is reasonable then USPTO registers the trademark. Via versa, if the applicant do not respond in time, the application will be abandoned.

2.Registration on the basis of Section 1(b). Accordingly, for application based on intent to use the trademark in commerce

Basically, the procedure in this case are almost the same as filing basis 1(a). However, after USPTO approves the application and publishes on TMOG, USPTO then will issue a Notice of Allowance (NOA) instead of registering the trademark. A NOA is not a registration, but means that the trademark made it through the 30-day opposition period and will be allowed to register after the applicant timely files an acceptable Statement of Use (SOU). The deadline to file an SOU or request for extension of time to file an SOU (extension request) is calculated from the date the NOA issued. If applicant does not file an SOU or extension request within six months of the NOA date, the application will abandon.

3.Registration on the basis of Section 44(d). Accordingly, for application based on a foreign application within 6 months from the date of filing in other countries

After the application is submitted, if the examining attorney does not find grounds for refusing to register the trademark, and the application satisfies all legal requirements, he or she issues a suspension letter stating that no further action will be taken on the application until we receive the foreign registration certificate, as required for a herein Section 44(e) registration basis.

If the examining attorney finds grounds for refusing to register the trademark, or if the application does not satisfy all legal requirements, the examining attorney issues a letter (office action) explaining those refusals and/or requirements.

-In case there is no response from applicant, the application will be abandoned.

-In case the applicant has reasonable response and be accepted, USPTO will issue suspension letter. If USPTO has not received the required foreign registration certificate for the Section 44(e) basis, the examining attorney will issue a letter inquiring about the status of the foreign application (whether it has registered yet). A suspension inquiry letter will be issued every six months until the applicant submit the foreign registration certificate. (i) If the applicant do not respond to the inquiry from USPTO, the application will abandon (ii) If the applicant responds in accordance with providing foreign trademark certificate, there will be the following situations:

a.In case USPTO accepts the foreign trademark certificate and the examining attorney does not find grounds for refusing to register the trademark, and the application satisfies all legal requirements, USPTO then approves the trademark and publishes it on TMOG for opposition. If there is no opposition or it is already resolved in regulated duration, then USPTO registers the trademark;

b.In case USPTO accepts the foreign trademark certificate, however, the examining attorney finds grounds for refusing to register the trademark, USPTO will issue the action letter. (i) If the applicant does not respond within 6 months, the application will be abandoned (ii) If the applicant responds within 6 months, the response will be considered: In case USPTO considers the response is reasonable, the application will be approved and published for opposition, if there is no opposition or the opinion has already been resolved, the trademark with be granted certificate; in case USPTO considers the response is unreasonable, the applicant may continue to respond to Trademark Trial and Appeal Board (TTAB).

-In case USPTO does not accept the foreign trademark certificate, USPTO will issue notification and clearly state the reason. The applicant has 6 months to respond to the notification, otherwise, the applicant will be abandoned.

4.Registration on the basis of Section 44(e). Accordingly, for application based on a foreign trademark certificate, there are two cases as following:

-The application satisfies the requirements and USPTO publishes on TMOG for opposition;

-The application does not satisfy the requirements and USPTO issues the notification and clearly states the reason.

The procedures and duration for applicant and third parties have opinions are the same as above cases. After the trademark certificate is granted, the applicant needs to submit SOU and pay the fee to maintain.

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