Procedures for termination a Trademark Registration Certificate in Vietnam

In fact, for various reasons, the trademark owner does not continue to use the trademark. This situation happens quite often, especially in the cases of international trademark registration, with the designation of application registration to Vietnam. This directly affects the subjects who want to register a trademark identical or similar to develop a brand name in Vietnam. In this case,  The Trademark Registration Certificate can be invalided by other proposed pursuant to Article 95 of the Law on Intellectual Property (the IP Law).

Regulation contents

Article 95.1(d) of the IP Law in Vietnam set out a ground for requesting the termination of the trademark diploma’s validity is provable “The trademark has not been used by its owner or the licensee of the owner without justifiable reason for five (5) consecutive years prior to a request for termination of validity, except where use is commenced or resumed at least three (3) months before the request for termination”.

So what procedures need to be done to be able to re-register the use of trademarks that have been registered for protection at the National Office of Intellectual Property but are inactive or stopped working for a long time. Viet An Law is an experienced unit in assisting customers to collect evidences and documents proving the process of not using trademarks for a period of 5 years or more, and on behalf of customers to carry out the procedures for requesting the termination of the protection title’s validity at the National Office of Intellectual Property of Vietnam. We summarize some contents related to the procedure for invalidation of a trademark protection title:

Proving, Procedures, and Consulting on Trademark Termination

Prove that the trademark is not used for 5 consecutive years

Viet An Law Firm will represent customers to carry out the investigation procedure on the use of trademarks in Vietnam to prove that the trademark proposed to be terminated has not been used for 5 consecutive years before requesting termination.

Implementing agencies: Vietnam Trade and Industry Information Center – Ministry of Industry and Trade.

Investigation time: 7-10 working days

Carrying out the procedures for requesting the termination of validity of a trademark protection title at the National Office of Intellectual Property

Viet An Law is an Intellectual Property Representative organization. Viet An Law Firm will represent customers (through an authorization contract) to collect documents, compile dossiers, submit dossiers and respond to official dispatches of the National Office of Intellectual Property related to the procedures for applying for grading. terminating the trademark protection title.

Components of the application file for invalidation of a trademark protection title include:

• Declaration (02 sheets according to the form);
• Evidence;
• Power of Attorney (According to the form of Viet An Law);
• An explanation of the reason for the request;
• Documents of payment of fees and charges.

Receiving agency: National Office of Intellectual Property

Services of Viet An Law regarding the invalidation of Trademark Protection Certificate (Certificate of Trademark Registration):

• Consulting on conditions for termination of validity of a trademark protection title;
• Consulting, looking up information on the use of trademarks in Vietnam;
• Consulting and drafting documents related to the trademark search procedure;
• Consulting, editing documents, responding to official dispatches of the National Office of Intellectual Property related to procedures for invalidation of trademark protection titles;
• Representing clients to work with competent state agencies to carry out procedures for searching the status of trademark use and terminating the validity of trademark protection titles;
• Report progress and advise next steps for customers;
• Consulting on legal and intellectual property issues for customers after carrying out the procedures;

For any difficulties and problems related to the procedure for invalidation of the Trademark Protection Certificate, please contact Viet An Law Firm for detailed advice.