Step to step for Trademark Renewal in Vietnam

According to stipulated of the Law on intellectual property that the Trademark registration certificate shall be valid from the grant date until the end of 10 years after the submission date and may be renewed for many consecutive terms, each of 10 years. To renew validly the Trademark registration certificate, the owner of protection titles has to pay fees for renewing validly. In case the owner of protection titles does not pay fees for renewing validly under the law that the protection titles will be terminate of validity. The sequence, procedures for renewing the certificate of registered mark will be implementing as follows:

Time for renewing validity of the Trademark registration certificate

• To renew the validity of the Trademark registration certificate, within 06 months before the date of expiration of the Trademark registration certificate, the owner of its has to apply requested renewal to Intellectual Property Office.
• The application requested renew can be submitted later than the deadline is stipulated above but not more than 06 months from the date of the Trademark registration certificate is terminate effectively and the owner of the Trademark has to pay fees for renewing valid and 10% renewal fee for each month of late payment.

For example about time for renewing the Trademark registration certificate

• January 01, 2012, is the date applications for registration Trademark
• December 31, 2013, is the date the mark is issued the Trademark registration certificate
• The Trademark is effective within 10 years from January 01, 2012, to January 01, 2022.
• Therefore, the owner of Trademark has to submit the documents for renewing validity from June 30, 2021, to December 31, 2021.
• The deadline for late submission of the application to renew the Trademark registration certificate is January 01, 2022, to June 30, 2020.

The documents for renewing the validity of the Trademark registration certificate

• Declaration requesting renew of validity of protection titles (Form 02-GHVB is stipulated at Appendix C of Circular 01/2007/BKHCN);

The original of the Trademark registration certificate (in case of a request to confirm the renewal in the Trademark registration certificate)

• Authorization letter (in case of applying for a representative)
• A copy of documents of payment for renewal fees, the announcement of renewal decisions, and registration of renewal of the trademark registration certificate.

The sequence for renewal of the Trademark protection title

The Intellectual Property Office reviews the application for renewal within a month from the date of receipt of the application. In case of no errors in the application, The Intellectual Property Office has to issue a decision on renewing, record it in the protection title, register it and publish it in the Industrial Property Official Gazette.

The Intellectual Property Office will issue a notification of intention to refuse to renew, have clearly the reason, and setting a time limit of 1 month from the date of issuance of the notice for the requester to correct errors or make objections, if the application requests a renew in one of the following cases:

• The application form requesting a renewal invalid or submitted is not right with the procedure as stipulated;
• The person requesting a renew is not the owner of the corresponding protection title

If within the time limit is setting, the person requesting not correct the omission or unsatisfactorily corrects the omission, has no objections or the objection is unwarranted, The Intellectual Property Office shall issue a notice from refuse to renew.

Some questions relevant to the procedure for renewing of Trademark registration certificate

When have to implement renew the Trademark registration certificate?

Trong vòng 06 tháng trước ngày Giấy chứng nhận đăng ký nhãn hiệu hết hiệu lực, chủ Giấy chứng nhận đăng ký nhãn hiệu phải nộp đơn yêu cầu gia hạn nhãn hiệu tới Cục Sở hữu trí tuệ.

Within 06 months before the date of expiration of the Trademark registration certificate, the owner of the Trademark registration certificate has to apply for requested renewal to Intellectual Property Office.

Can submit the application form later than the deadline to renew the Trademark registration certificate?

Có thể nộp hồ sơ gia hạn Giấy chứng nhận đăng ký nhãn hiệu sau khi hết hạn nhưng không được quá 06 tháng kể từ ngày Giấy chứng nhận đăng ký nhãn hiệu hết hiệu lực.

The application documents for renewal of the Trademark registration certificate may be submitted after its expiration but within 6 months from the date of its expiration.

How are the late fees will be charged when submitting the application form to renewal later than the deadline?

Khi nộp muộn gia hạn nhãn hiệu ngoài phải nộp lệ phí gia hạn như bình thường, chủ đơn nhãn hiệu phải nộp thêm 10% lệ phí gia hạn cho mỗi tháng nộp muộn.

When submitting late to renew a mark, the renewal fee must be paid as usual, and the owner of the certificate of register mark has to pay an additional 10% of the renewal fee for each month of late payment.

Forgot to renew the mark registration certificate, does another person have the right to register the trademark

After the expiration of the time limit, the application for renewal of the Trademark registration certificate can be submitted. The Trademark owner has 05 years from the date of expiration of the certificate of registration of the mark received to reapply and will certainly be re-granted the trademark protection title. Therefore, within 05 years from the date of expiration of the mark, others who apply for registration of an expired mark will still not be granted the Trademark registration certificate.

As an Intellectual Property Representative – Viet An Law Firm always assist the Clients with information as well as provide package services relevant to trademark registration & Trademark renewal in Vietnam. Please contact us to best assist!