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Renewal trademark registration neglect in Vietnam

After submitting a trademark registration application, the Intellectual Property office in Vietnam will examine the registration application and grant a trademark protection certificate to individuals and organizations if they meet the protection requirements. A trademark registration certificate (as known as trademark protection title) is valid from the date of issue to the end of 10 years from the date of submitting the application (it can be renewed repeatedly). Therefore, what should the trademark protection title owner notice when the certificate of registration expires? Viet An Law have specific attention to customers when the certificate of trademark registration expires below:

  1. To protect the trademark or service of individuals or organizations by law, the owner shall notice that when the protection title (known as the trademark registration certificate) expires. The term for expiration of the protection title is 10 years from the submitting date. The owner (individuals or organizations) needs to quickly complete the application for the renewal of the validity of the certificate in accordance with the law.
  2. The validity extension period of a trademark registration certificate is within 06 months before the certificate of trademark registration expires. The owner of the certificate of trademark registration shall submit an application for renewal to the Intellectual Property office in Vietnam.
  3. An application for extension of a trademark registration certificate may be submitted later than the expiry date of the certificate of trademark registration as specified above. On the other hand, the owner must not submit the application exceed 06 months from the date of the expiration of the trademark registration certificate. The owner also shall pay a renewal fee plus 10% of the renewal fee for each late month.

Accordingly, if more than 06 months when a trademark registration certificate expires, the owner will no longer be the legal owner of the trademark. If the owner wants to continue to use it, an application for trademark  shall be submitted again from the beginning. Thus, the protection title owners need to pay attention when a trademark registration certificate expires and they also shall carry out procedures at the Intellectual Property office to proceed with the renewal of the protection title. Anyway, there is no limit to the number of renewals of a trademark registration certificate.

Services on procedures for renewing trademark registration certificate of Viet An Law:

  • Advice on procedures and conditions for an extension of trademark protection;
  • Draft trademark renewal documents;
  • Represent for customers to carry out legal procedures at the Intellectual Property office;
  • Apply and track the trademark renewal process;
  • Represent for customers in the whole process of establishing and responding to the Intelllectual Property office about renewing the trademark.

In order to be granted an extension of the validity of a trademark registration certificate, within 06 months before the expiration of a trademark registration certificate, the owner shall submit an application for renewal to the Intellectual Property office. However, currently, the owner of a trademark registration certificate usually forgets to renew it for many reasons. In that case, an application for extension may be submitted later than the above time limit but not later than 06 months from the date on which the trademark registration certificate expires and the owner shall pay a renewal fee. This fee plus 10% renewal fee for each late month.

Late renewal of a trademark registration certificate documents include:

  • Request for validity extension of protection title declaration. This declaration shall be written according to form;
  • Orginial of the certificate of trademark registration (in case it shall be required to record renewal in the certificate of trademark registration);
  • Power of attorney (in case of submitting through a representative);
  • Copies of fees and charges payment receipts (in case of submitting by post or to the Intellectual Property office directly).

Notes:

If the owner can not renew the validity of the trademark registration certificate on time, even after the extension of the tradmark expires, customers are still assured of owning the trademark after 5 years from the date of expiration. If the customers promptly submit a new trademark registration application within 05 years from the date of expiration of the trademark registration certificate.

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