Trademark protection title validity extension directly at VNOIP

Extending the validity of trademark protection titles directly at the Vietnam National Office of Intellectual Property (VNOIP) is a crucial step for businesses looking to safeguard their brand assets. Trademarks not only help your products stand out in the market, but they also build trust among customers. However, the trademark protection period is also limited. In order to continue using the trademark and prevent acts of counterfeiting and counterfeiting the trademark, the extension of the validity of the protection title after trademark registration is extremely important. Viet An Law would like to guide you through the preliminary procedures for submitting a dossier for trademark protection title validity extension directly at Vietnam National Office of Intellectual Property (VNOIP) through the article below.

Legal Basis

• Current Intellectual Property Law;
• Decree No. 65/2023/ND-CP stipulates the implementation of the IP law.

Validity of trademark protection titles in Vietnam

According to Clause 6, Article 93 of the Intellectual Property Law, it is stipulated as follows: “A trademark registration certificate is valid from the date of issuance to the end of ten years from the date of filing, and can be extended many times in a row, each time for ten years.” Thus, the trademark protection title is valid for 10 years, if there is a need to continue using it, the applicant should pay attention to submitting a dossier to extend the validity of the trademark protection title.

Dossier of extension of the validity of a trademark protection title

Customers prepare 01 set of dossier including the following documents:

• 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.

Instructions for submitting dossiers for trademark protection title validity extension directly at VNOIP

After preparing the dossier as above, you can apply directly at the Office of the National Office of Intellectual Property in Hanoi or the representative office of the Office in Ho Chi Minh City or Da Nang.

• Head office of the National Office of Intellectual Property, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
• Representative Office of the National Office of Intellectual Property in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
• Representative Office of the National Office of Intellectual Property in Da Nang City, address: 3rd Floor, No. 135 Minh Mang, Khue My Ward, Ngu Hanh Son District, Da Nang City.

In case of filing an application for extension of the validity of a trademark protection title late

Within 6 months before the expiration of the trademark protection title, you need to submit a dossier for renewal of the trademark protection title. However, if you are late in renewing, you can still submit an application for an extension, but the fee will be different.

Dossier of request for extension of the validity of a trademark protection title

• 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);
• Copy of fee and fee payment voucher: In case of late extension (for each month of late payment), the fee will be 10% of the maintenance/extension fee

Time limit for processing dossiers for extension of validity of trademark protection titles

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.

Some other fees related to procedures for extension of the validity of trademark protection titles

Customers who need support in submitting an application for trademark protection title validity extension directly at VNOIP or trademark registration, please contact Viet An Law for the fastest support!