Procedures for renewal of trademark registration certificate

Viet An law firm was established in 2007 and has been recognized as an Intellectual Property Representative Organization of Vietnam at The Intellectual Property Office of Vietnam. After 15 years of operation, Viet An Law is proud to be one of the most prestigious law firms, providing the best services to clients in the field of legal consultancy, services of consultancy on intellectual property and Intellectual Property Representative service in Vietnam. Viet An Law Firm details the procedure for renewal of trademark registration certificate in Vietnam as follows:

According to the Law on Intellectual Property in Vietnam, a certificate of a registered mark shall be valid from the grant date until the end of ten (10) years after the filing date and may be renewed for many consecutive terms, each of ten (10) years. In order to maintain the validity of a trademark registration certificate in Vietnam, the owner must pay a validity maintenance fee. If the owner fails to pay the stipulated validity maintenance or extension fee, the validity of a protection title shall be terminated.

The term for submitting the application for extension of validity of trademark registration certificate in Vietnam

Within 06 months before the expiry date of a trademark protection certificate, the customer must submit an application for an extension to the National Office of Intellectual Property of Vietnam.

The filing of the application for validity extension may be delayed for no more than six months after the expiration of the protection titles validity but the protection title holder shall pay an extension fee plus 10% for each month of delayed filing.

An application for extension of validity of a protection title comprises the following dossiers:

• Written declaration to request an extension of the protection title validity, made according to a set form (not printed herein);
• Original protection title (if the extension is requested to be recorded in the protection title);
• Power of attorney (if the application is filed through a representative);
• Receipts of the prescribed fees for extension, publication, and registration of the decision on the extension of the protection titles validity.

The process of renewal of trademark registration certificate in Vietnam

The NOIP shall consider an application for validity extension within one month after the date of its receipt. If the application is error-free, the NOIP shall issue a decision on validity extension, record it in the protection title, register and publish it in the Industrial Property Official Gazette.

The NOIP shall issue a notice on its intended refusal to extend the validity, clearly stating the reason for refusal and setting a time limit of one month from the date of notice issued for the applicant to correct errors or make an opposition if the application for validity extension falls into one of the following cases:

• It is invalid or filed in contravention of the prescribed procedures;
• The applicant is not the protection title holder.

If within the set time limit the applicant fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the NOIP shall issue a notice on its refusal to extend the validity.

Please contact Viet An Law Firm to be consulted, given detailed information, settled difficulties and problems on the renewal of a trademark registration certificate in Vietnam!