Grounds for refusal Clause Samples

Grounds for refusal. 1. The description does not fully disclose all the designs as required in Article 103(3) of the Intellectual Property Law of Viet Nam, since the description does not 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, 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 notification, 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 2, design 3 and design 4 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 there are identical designs after the broken lines have been removed, the holder must submit a declaration to keep one of the design and withdraw the other identical ones.

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 other as variant.

Grounds for refusal. The international registration designating Singapore is not entitled to protection under Rule 4(1) of the Registered Designs (International Registration) Rules. The requirements for registration of a design under the Registered Designs Act (Cap. 266) and the Registered Designs Rules (R 1) have not been satisfied, for the following reason(s): (i) Section 2(1) of the Registered Designs Act requires a design to be applied to an article or non-physical product. The design for which protection is sought does not appear to be applied to any article or non-physical product; the indication of product (“article name”) as currently stated in the international registration designating Singapore may not be regarded as an article or non-physical product. Ideas Today. Assets Tomorrow.

Grounds for refusal. 1. The description does not fully disclose the design as required in Article 103(3) of the Intellectual Property Law of Viet Nam, since the description does not list all main appearance characteristics of the design. This reason for refusal may be overcome by submitting a corrected version of description to replace the current description. 2. The description includes the disclaimer, therefore the claimed object is not the whole article. Thus, the subject matter contained in the registration is not circulated independently, therefore 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 version of description in which the disclaimer has been removed. 3. The reproductions include broken lines, therefore the claimed object is not the whole article. Thus, the subject matter contained in the registration is not circulated independently, therefore 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.

Grounds for refusal. The industrial design applied for registration does not meet the provisions of the Article 8 of the Law on the Protection of Industrial Design No. 161/2007, because the overall impression it produces on the informed user is not different from the overall impression produced on such a user by the industrial design from EUIPO, (11) 000864764-0064, deposit date (▇▇) ▇▇.▇▇.▇▇▇▇, publication date (▇▇) ▇▇.▇▇.▇▇▇▇, owner: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ GmbH + Co. KG, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇. ▇▇, ▇-▇▇▇▇▇ Welzheim, ALEMANIA. (LAW of the Republic of Moldova on the Protection of Industrial Design No. 161/2007, Art. 26 (1) b) ) (1) An industrial design shall be considered to have individual character if the overall impression that it presents to an informed user is different from the overall impression that would be presented to such a user by any other industrial design already publicly known within the meaning of Article 10: a) in the case of a registered industrial design – before the filing date of the application for registration or, if priority is being claimed, before the date of priority; or b) in the case of an unregistered industrial design – before the date of first disclosure of the industrial design for which protection is requested. (2) In assessing individuality, account shall be taken of the degree of the author’s freedom in creating the industrial design, given the nature of the article and the specifics of the industrial or craft sector in question. Art. 26. (1) A design shall be refused registration, or, if the design has been registered, the design right shall be declared invalid: b) if it does not fulfil the requirements of Articles 7-11.

Grounds for refusal. Novelty - The registered design does not fulfill the requirement of Articles 56 of Industrial Property Code Articles of the national law applicable on the matter (see extracted law to the below):

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 one. 2. 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.

Grounds for refusal. 1. The description does not fully disclose all the designs as required in Article 103(3) of the Intellectual Property Law of Viet Nam, since the description does not list all main appearance characteristics of the designs and point out the view directions of drawings. This reason for refusal may be overcome by submitting a corrected version of description to replace the current description. 2. Design 1 is not significantly different from the prior design disclosed in RU registration number 00134539. Design 2 is not significantly different from the prior design disclosed in RU registration number 00134540.

Grounds for refusal. 1. The description does not fully disclose the design as required in Article 103(3) of the Intellectual Property Law of Viet Nam, since the description does not list all main appearance characteristics of the design. This reason for refusal may be overcome by submitting a corrected version of description to replace the current description. 2. The reproductions of the design do not include the perspective view. Therefore, the reproductions do not include all the required views of the design, thus they are not sufficient to disclose fully the design 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 design. In addition, the partial view images are for illustration purposes only, and shall not be the representation of the design.