Power of Attorney to extend the validity of a trademark title

In the context of increasingly fierce competition, intellectual property has become a valuable intangible asset, playing an important role in building and protecting the brand of businesses. However, registering for intellectual property protection is a complex process that requires a lot of professional knowledge and experience. Cumbersome administrative procedures, constantly changing legal regulations, make many businesses feel confused and have difficulty doing it themselves. To solve this problem, the intellectual property application agent authorization service was born, helping businesses save time, effort and costs. With a team of experienced experts, these service providers will support businesses from consulting, building protection strategies, drafting documents, to representing and participating in dialogues with state agencies, ensuring that the interests of businesses are protected comprehensively and effectively. Viet An Law would like to guide you to more information about the power of attorney in the implementation of the extension of the validity of the trademark title in Vietnam.

What is a power of attorney to extend the validity of a trademark title?

A power of attorney to extend the validity of a trademark title is a legal document that allows an individual or organization (authorized party) to carry out procedures for extending the validity of a trademark protection title on behalf of the trademark owner (the authorized party).

Why do you need a power of attorney?

• Save time and effort: Trademark owners can focus on core business activities, while complex administrative procedures will be assigned to intellectual property representatives including Viet An Law.
• Ensure accuracy and professionalism: Intellectual property representatives, including Viet An Law, have extensive knowledge of intellectual property law, helping to ensure that procedures are carried out in accordance with regulations, avoiding errors and risks.
• Convenient for trademark owners: Especially useful for trademark owners who are far away or busy, do not have much time to carry out the procedures on their own.

Dossier of extension of trademark title validity

• Declaration of request for extension of the validity of the protection title (Form No. 07 specified in Appendix II issued together with Decree 65/2023/ND-CP);
• The original of the trademark registration certificate (in case the protection title is issued in paper form and there is a request to record the extension of the protection title);
• Power of attorney (in case the application is requested through an intellectual property representative);
• A copy of the receipt of payment of charges and fees. Fee for extension of the validity of a protection title for a trademark (10 years) for each group of products/services: 100,000 VND.

Main contents of the power of attorney to extend the validity of a trademark title

A trademark renewal power of attorney typically includes the following information:

• Information about the authorizer: Name, address, contact information of the trademark owner.
• Information about the authorized party: Name, address, contact information of the authorized individual or organization.
• Information about trademark protection titles: Registration number, date of issuance, name of trademark, protection goods/services.
• Scope of Authorization: Clearly stipulates the powers that the authorized party is entitled to exercise, such as: filing renewal applications, paying fees, receiving notices, etc.
• Authorization period: Determine the validity period of the power of attorney.
• Signature and seal (if any) of the authorizing party.

Time limit for processing dossiers of extension of trademark title validity

01 month from the date of receipt of the application for extension, there will be the following 2 cases:

• In case the dossier is valid, the National Office of Intellectual Property shall issue a decision to extend the validity of the protection title, record it in the protection title (if requested), register and announce the decision on extension of the validity of the trademark registration certificate in the Official Gazette of Industrial Property within 60 days from the date of issuance of the decision.
• The National Office of Intellectual Property shall issue a notice of intention to refuse the extension, clearly stating the reason and setting a time limit of 02 months from the date of issuance of the notice for the requester to correct the deficiencies or have objections if it falls into one of the following cases:
  • The dossier of request for extension is invalid or submitted improperly according to the prescribed procedures;
  • The applicant for extension is not the owner of the corresponding Trademark Registration Certificate.

If, at the end of the set time limit, the requester fails to correct the deficiencies or unsatisfactory correction of deficiencies, has no objections or has objections but is not valid, the state management agency in charge of industrial property rights shall issue a decision to refuse to extend the validity of the trademark registration certificate.

Clients who need more information about the power of attorney to extend the validity of trademark titles, please contact Viet An Law for the fastest support

Update: 9/2024