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:
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.
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.
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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