Grounds for refusal. 1. The description does not fully disclose all the designs as required in Article 103(2)(a) of the Intellectual Property Law of Viet Nam, since the description does not point out all main appearance characteristics of the designs. This reason for refusal may be overcome by submitting a corrected version of description to replace the current description. 2. The registration contains multiple industrial designs but there is not any statement indicating that they are variants or a set of products, thus it does not meet the requirement on the uniformity of industrial property registration applications according to Article 101(1) and Article 101(3) of the Intellectual Property Law of Viet Nam. The designs in the registration are not significantly different from each other. Therefore, these designs should be claimed as variants. This reason for refusal may be overcome if the registration holder submits a corrected version of description to replace the current one, which shall indicate one of the designs as principle design and the others as variants. 3. The reproductions relating to design 1, design 2 and design 3 include the broken lines, therefore these objects are not the whole articles and cannot be circulated independently. Thus, they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected set of reproductions with the broken lines being replaced with solid lines. If design 1, design 2, design 3 are identical with design 4 after replacing broken lines with solid lines, the registration holder must remove 3 out of 4 designs from the registration. 4. Design 1 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 2 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 3 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 4 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Therefore, the designs in the registration do not meet the requirement of novelty as provided in Article 63(1) of the Intellectual Property Law of Viet Nam and Article 35(7) of Circular No. 01/2007/TT-BKHCN.
Appears in 1 contract
Grounds for refusal. 1. The description does not fully disclose all the designs as required in Article 103(2)(a) of the Intellectual Property Law of Viet Nam, since the description does not point out all main appearance characteristics of the designs. This reason for refusal may be overcome by submitting a corrected version of description to replace the current descriptionone.
2. The registration contains multiple industrial designs but there is not any statement indicating that they are variants or a set of products, thus it does not meet the requirement on the uniformity of industrial property registration applications according to Article 101(1) and Article 101(3) of the Intellectual Property Law of Viet Nam.
3. The designs in description includes the registration disclaim relating to design 2, design 3, design 4, design 5, design 6 and design 7, therefore they are not significantly different from each otherthe whole articles and cannot be circulated independently. ThereforeThus, these they are not the objects of protection as industrial designs should be claimed as variantsprovided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected version of description to replace in which the current one, which shall indicate one of the designs as principle design and the others as variantsdisclaim has been removed.
34. The reproductions relating to design 12, design 2 3, design 4, design 5, design 6 and design 3 7 include the broken lines, therefore these objects are not the whole articles and cannot be circulated independently. Thus, they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected set of reproductions with the broken lines being replaced with solid lines. If design 1, design 2, design 3 are identical with design 4 after replacing broken lines with solid lines, the registration holder must remove 3 out of 4 designs from the registration.
4. Design 1 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 2 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 3 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 4 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Therefore, the designs in the registration do not meet the requirement of novelty as provided in Article 63(1) of the Intellectual Property Law of Viet Nam and Article 35(7) of Circular No. 01/2007/TT-BKHCN.
Appears in 1 contract
Grounds for refusal. 1. The description does not fully disclose all the designs as required in Article 103(2)(a) of the Intellectual Property Law of Viet Nam, since the description does not point out all main appearance characteristics of the designs. This reason for refusal may be overcome by submitting a corrected version of description to replace the current description.
2. The registration contains multiple industrial designs but there is not any statement indicating that they are variants or a set of products, thus it does not meet the requirement on the uniformity of industrial property registration applications according to Article 101(1) and Article 101(3) of the Intellectual Property Law of Viet Nam. The designs in the registration are not significantly different from each other. Therefore, these designs should be claimed as variants. This reason for refusal may be overcome if the registration holder submits a corrected version of description to replace the current one, which shall indicate one of the designs as principle design and the others as variants.
3. The reproductions relating to of design 1, design 2 3 and design 3 4 include the broken linesdisclaim, therefore these the claimed objects are not the whole articles and cannot be circulated independentlyarticle. Thus, the subject matters relating to design 3 and design 4 are not circulated independently, therefore they are not the objects object of protection as an industrial designs design as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-TT- BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected - The set of reproductions with the broken lines being replaced with solid lines. If of design 1, design 2, design 3 are identical with design 4 after replacing broken lines with solid lines, the registration holder must remove 3 out of 4 designs from the registration.
4. Design 1 5 is not significantly different from sufficient to disclose fully the prior design disclosed according to Article 103(4) of the Intellectual Property Law of Viet Nam, since it lacks the right view, back view, top view and bottom view. - The descriptions do not fully disclose the designs as required in Article 103(2)(a) of the Intellectual Property Law of Viet Nam, since they do not figure the characteristic features of the designs. - The registration does not meet the requirement on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 2 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 3 is not significantly different from uniformity of industrial property registration applications according to Article 101 of the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 4 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. ThereforeIntellectual Property Law of Viet Nam, since all the designs in the registration do are not meet variants or a set of products. The insignificantly different designs should be clarified in the requirement description and claimed to be registered as variants. The significantly different designs should be separated and registered in other registrations. Due to the similarity of novelty the designs in the registration, they must be separated and registered as provided follows: + Design 1 and design 2 are not significantly different from each other, therefore they must be registered in one registration as variants; + Design 3 and design 4 are claimed for partial protection, which does not comply with Article 63(14(13) of the Intellectual Property Law of Viet Nam and Article 35(733(2)(b) of Circular No. 01/2007/TT-BKHCN. For the overall protection, they are identical to design 1 and design 2 respectively. Therefore, they are not be able to be registered, either in partial or overall. Thus, they must be removed from the registration. + Design 5 is significantly different from the other designs, therefore it should be seperated and registered in a single registration. In order to overcome these reasons for refusal, the applicant shall: - Submit a declaration to separate the registration into two registrations, one registration for design 1 and design 2 and the other registration for design 5 and remove protection of design 3 and design 4; - Supplement the missing views of design 5; - Submit two descriptions for two separated registrations.
Appears in 1 contract
Samples: Hague Agreement Concerning the International Registration of Industrial Designs
Grounds for refusal. 1. The description does not fully disclose all the designs as required in Article 103(2)(a) of the Intellectual Property Law of Viet Nam, since the description does not point out all main appearance characteristics of the designs. This reason for refusal may be overcome by submitting a corrected version of description to replace the current description.
2. The registration contains multiple industrial designs but there is not any statement indicating that they are variants or a set of products, thus it does not meet the requirement on the uniformity of industrial property registration applications according to Article 101(1) and Article 101(3) of the Intellectual Property Law of Viet Nam. The designs in the registration are not significantly different from each other. Therefore, these designs should be claimed as variants. This reason for refusal may be overcome if the registration holder submits a corrected version of description to replace the current one, which shall indicate one of the designs as principle design and the others as variants.
3. The description includes the disclaimer, therefore the claimed objects in the registration are not the whole articles. Thus, the subject matters contained in the registration are not circulated independently, therefore they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected version of description in which the disclaimer has been removed.
4. The reproductions relating to design 1, design 2 and design 3 include the broken lines, therefore these the claimed objects in the registration are not the whole articles and cannot be circulated independentlyarticles. Thus, the subject matters contained in the registration are not circulated independently, therefore they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected set of reproductions with the broken lines being replaced with solid lines. If design 1, design 2, design 3 are identical with design 4 after replacing broken lines with solid lines, the registration holder must remove 3 out of 4 designs from the registration.
4. Design 1 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 2 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 3 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 4 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Therefore, the designs in the registration do not meet the requirement of novelty as provided in Article 63(1) of the Intellectual Property Law of Viet Nam and Article 35(7) of Circular No. 01/2007/TT-BKHCN.
Appears in 1 contract
Grounds for refusal. 1. The description does descriptions do not fully disclose all the designs as required in Article 103(2)(a) of the Intellectual Property Law of Viet Nam, since the description does descriptions do not point out all main appearance characteristics of the designs. This reason for refusal may be overcome by submitting a corrected version of description descriptions to replace the current descriptiondescriptions.
2. The registration contains multiple industrial designs but there is not any statement indicating that they are variants or a set of products, thus it does not meet the requirement on the uniformity of industrial property registration applications according to Article 101(1) and Article 101(3) of the Intellectual Property Law of Viet Nam. The designs in the registration are not significantly different from each other. Therefore, these designs should be claimed as variants. This reason for refusal may be overcome if the registration holder submits a corrected version of description to replace the current one, which shall indicate one of the designs as principle design and the others as variants.
3. The reproductions relating to design 1, design 2 and design 3 include the broken lines, therefore these the claimed objects in the registration are not the whole articles and cannot be circulated independentlyarticles. Thus, the subject matters contained in the registration are not circulated independently, therefore they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected set sets of reproductions with the broken lines being replaced with solid lines. If design 1, design 2, design 3 are identical with design 4 after replacing broken lines with solid lines, the registration holder must remove 3 out of 4 designs from the registration.
4. Design 1 is not significantly different from The description includes the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 2 is not significantly different from disclaimers, therefore the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 3 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 4 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Therefore, the designs claimed objects in the registration do are not meet the requirement whole articles. Thus, the subject matters contained in the registration are not circulated independently, therefore they are not the objects of novelty protection as industrial designs as provided in Article 63(14(13) of the Intellectual Property Law of Viet Nam and in Article 35(733(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits corrected version of descriptions in which the disclaimers has been removed.
Appears in 1 contract
Grounds for refusal. 1. The description does not fully disclose all the designs as required in Article 103(2)(a103(3) of the Intellectual Property Law of Viet Nam, since the description does not point out list all main appearance characteristics of the designs. This reason for refusal may be overcome by submitting a corrected version of description to replace the current description.
2. The designs in the registration are not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20220706003515/https://xxx.xxxxxxxxxxx.xx/wall- lamp/secto-small-4231-wall-lamp. Therefore, the designs in the registration do not meet the requirement of novelty as provided in Article 63(1) of the Intellectual Property Law of Viet Nam and Article 35(7) of Circular No. 01/2007/TT-BKHCN.
3. The registration contains multiple industrial designs but there is not any statement indicating that they are variants or a set of products, thus it does not meet the requirement on the uniformity of industrial property registration applications according to Article 101(1) and Article 101(3) of the Intellectual Property Law of Viet Nam.
4. The designs description includes the disclaimer, therefore the claimed objects in the registration are not significantly different from each otherthe whole articles. ThereforeThus, these the subject matters contained in the registration are not circulated independently, therefore they are not the objects of protection as industrial designs should be claimed as variantsprovided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected version of description to replace in which the current one, which shall indicate one of the designs as principle design and the others as variantsdisclaimer has been removed.
35. The reproductions relating to of design 12, design 2 3 and design 3 4 include the broken lines, therefore these the claimed objects in the registration are not the whole articles and cannot be circulated independentlyarticles. Thus, the subject matters contained in the registration are not circulated independently, therefore they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected set of reproductions with without the broken lines being replaced with solid lines. If design 1, design 2, design 3 are identical with design 4 after replacing broken lines with solid lines, the registration holder must remove 3 out of 4 designs from the registration.
4. Design 1 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 2 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 3 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 4 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Therefore, the designs in the registration do not meet the requirement of novelty as provided in Article 63(1) of the Intellectual Property Law of Viet Nam and Article 35(7) of Circular No. 01/2007/TT-BKHCN.
Appears in 1 contract
Grounds for refusal. 1. The description does not fully disclose all the designs as required in Article 103(2)(a103(3) of the Intellectual Property Law of Viet Nam, since the description does not point out list all main appearance characteristics of the designs. This reason for refusal may be overcome by submitting a corrected version of description to replace the current description.
2. The registration contains multiple industrial designs but there is not any statement indicating that they are variants or a set of products; thus, thus it does not meet the requirement on the uniformity of industrial property registration applications according to Article 101(1) and Article 101(3) of the Intellectual Property Law of Viet Nam. The designs in the registration are not significantly different from each other. Therefore, these designs should be claimed as variants. This reason for refusal may be overcome if the registration holder submits a corrected version of description to replace the current onenotification, which shall indicate one of the designs as principle design and the others as variants.
3. The description includes the disclaimer; therefore, the claimed objects in the registration are not the whole articles. Thus, the subject matters contained in the registration are not circulated independently, therefore they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected version of description in which the disclaimer has been removed.
4. The reproductions relating to design 12, design 2 3 and design 3 4 include the broken lines; therefore, therefore these objects are not the whole articles and cannot be circulated independently. Thus, they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected set of reproductions with the broken lines being replaced with solid lines. If design 1, design 2, design 3 there are identical with design 4 designs after replacing the broken lines with solid lineshave been removed, the registration holder must remove 3 out of 4 designs from the registration.
4. Design 1 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 2 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 3 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 4 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Therefore, the designs in the registration do not meet the requirement of novelty as provided in Article 63(1) submit a declaration to keep one of the Intellectual Property Law of Viet Nam design and Article 35(7) of Circular No. 01/2007/TT-BKHCNwithdraw the other identical ones.
Appears in 1 contract
Grounds for refusal. 1. The description does not fully disclose all the designs as required in Article 103(2)(a) of the Intellectual Property Law of Viet Nam, since the description does not point out all main appearance characteristics of the designs. This reason for refusal may be overcome by submitting a corrected version of description to replace the current description.
2. The registration contains multiple description includes the disclaimer relating to design 2 and design 3, therefore they are not the whole articles and cannot be circulated independently. Thus, they are not the objects of protection as industrial designs but there is not any statement indicating that they are variants or a set of products, thus it does not meet the requirement on the uniformity of industrial property registration applications according to as provided in Article 101(1) and Article 101(34(13) of the Intellectual Property Law of Viet NamNam and in Article 33(2)(b) of Circular No. The designs in the registration are not significantly different from each other. Therefore, these designs should be claimed as variants01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected version of description to replace in which the current one, which shall indicate one of the designs as principle design and the others as variantsdisclaimer has been removed.
3. The reproductions relating to design 1, design 2 and design 3 include the broken lines, therefore these objects are not the whole articles and cannot be circulated independently. Thus, they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected set of reproductions with the broken lines being replaced with solid lines.
4. If The registration contains different industrial designs which are not variants or a set of products, thus it does not meet the requirement on the uniformity of industrial property registration applications according to Article 101(1) and Article 101(3) of the Intellectual Property Law of Viet Nam. This reason for refusal may be overcome if the registration holder submits a declaration to separate the registration into different registrations in Viet Nam, each for one design. Each registration must have a separate description. It should be noted that if design 1, 1 and design 2, design 3 2 are identical with design 4 the same after replacing the broken lines in design 2 are replaced with solid lines, the registration holder must remove 3 out withdraw one of 4 designs from the registration.
4two designs. Design If design 1 is and design 2 are not significantly different from each other after the prior broken lines in design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 2 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 3 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 4 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Thereforeare replaced with solid lines, the registration holder must indicate one of the designs as principle design and the other as variant and the two designs will be in the registration do not meet the requirement of novelty as provided in Article 63(1) of the Intellectual Property Law of Viet Nam and Article 35(7) of Circular No. 01/2007/TT-BKHCNsame registration.
Appears in 1 contract
Grounds for refusal. 1. The description does descriptions do not fully disclose all the designs as required in Article 103(2)(a) of the Intellectual Property Law of Viet Nam, since the description does descriptions do not point out all main appearance characteristics of the designs. This reason for refusal may be overcome by submitting a corrected version of description descriptions to replace the current descriptiondescriptions.
2. The registration contains multiple different industrial designs but there is which are not any statement indicating that they are variants or a set of products, thus it does not meet the requirement on the uniformity of industrial property registration applications according to Article 101(1) and Article 101(3) of the Intellectual Property Law of Viet Nam. The designs in the registration are not significantly different from each other. Therefore, these designs should be claimed as variants. This reason for refusal may be overcome if the registration holder submits a corrected version of description declaration to replace separate the current oneregistration into different registrations in Viet Nam, which shall indicate each for one of the designs as principle design and the others as variantsdesign. Each registration must have a separate description.
3. The reproductions relating to design 1, design 2 and design 3 include descriptions includes the broken linesdisclaimers, therefore these the claimed objects in the registration are not the whole articles and cannot be circulated independentlyarticles. Thus, the subject matters contained in the registration are not circulated independently, therefore they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected set version of descriptions in which the disclaimers have been removed.
4. The reproductions include the broken lines, therefore the claimed objects in the registration are not the whole articles. Thus, the subject matters contained in the registration are not circulated independently, therefore they are not the objects of protection as industrial designs as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits corrected sets of reproductions with the broken lines being replaced with solid lines. If design 1, design 2, design 3 are identical with design 4 after replacing broken lines with solid lines, the registration holder must remove 3 out of 4 designs from the registration.
4. Design 1 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 2 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 3 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 4 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Therefore, the designs in the registration do not meet the requirement of novelty as provided in Article 63(1) of the Intellectual Property Law of Viet Nam and Article 35(7) of Circular No. 01/2007/TT-BKHCN.
Appears in 1 contract
Grounds for refusal. 1. The description does not fully disclose all the designs as required in Article 103(2)(a103(3) of the Intellectual Property Law of Viet Nam, since the description does not point out list all main appearance characteristics of the designs. This reason for refusal may be overcome by submitting a corrected version of description to replace the current description.
2. The reproductions of design 1 and design 2 do not include the bottom view. Therefore, the reproductions do not include all the required views of the designs, thus they are not sufficient to disclose fully the designs as required in Article 103(2) of the Intellectual Property Law of Viet Nam. This reason for refusal may be overcome by submitting the missing views. It must be noted that the new set of reproductions must not change the gist of the designs.
3. The registration contains multiple industrial designs but there is not any statement indicating that they are variants or a set of products, thus it does not meet the requirement on the uniformity of industrial property registration applications according to Article 101(1) and Article 101(3) of the Intellectual Property Law of Viet Nam. The designs in the registration are not significantly different from each other. Therefore, these designs should be claimed as variants. This reason for refusal may be overcome if the registration holder submits a corrected version of description to replace the current onenotification, which shall indicate one of the designs as principle design and the others other as variantsvariant.
34. The reproductions description includes the disclaimer relating to design 1, design 2 and design 3 include the broken lines2, therefore these objects are this object is not the whole articles article and cannot be circulated independently. Thus, they are it is not the objects object of protection as an industrial designs design as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT- BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected version of description in which the disclaimer has been removed.
5. The reproductions relating to design 2 include the broken lines, therefore this object is not the whole article and cannot be circulated independently. Thus, it is not the object of protection as an industrial design as provided in Article 4(13) of the Intellectual Property Law of Viet Nam and in Article 33(2)(b) of Circular No. 01/2007/TT-BKHCN. This reason for refusal may be overcome if the registration holder submits a corrected set of reproductions with the broken lines being replaced with solid lines. If design 1, design 2, design 3 are identical with design 4 after replacing broken lines with solid lines, the registration holder must remove 3 out of 4 designs from the registration.
4. Design 1 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 2 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 3 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Design 4 is not significantly different from the prior design disclosed on xxxxx://xxx.xxxxxxx.xxx/web/20210612163312/https://xxx.xxxxxxxxx.xxx/products/w omens-frontline on 12/06/2021. Therefore, the designs in the registration do not meet the requirement of novelty as provided in Article 63(1) of the Intellectual Property Law of Viet Nam and Article 35(7) of Circular No. 01/2007/TT-BKHCN.
Appears in 1 contract
Samples: Hague Agreement Concerning the International Registration of Industrial Designs
