Trademark registration certificate renewal fees

A trademark is a sign used to distinguish goods and services of different organizations and individuals. To extend the validity of the trademark registration certificate, the owner of the protection title must pay a fee to extend the validity. How much are trademark registration certificate renewal fees? Below, Viet An Law will answer this question for clients based on the application of the latest law stipulated in the Vietnam Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, and 2022.

When should the validity of a trademark registration certificate be renewed?

• According to Clause 6, Article 93 of the Law on Intellectual Property, the Trademark registration certificate is valid from the date of issuance until the end of ten years from the date of application and can be renewed many consecutive times, each time for ten (10) years.
• To be renewed, within 06 months before the expiration date of the protection title, the owner of the trademark protection title must submit an application for renewal to the National Office of Intellectual Property.
• The renewal application may be submitted later than the prescribed deadline but not later than 06 months from the date the protection title expires and the protection title holder must pay the renewal fee plus 10% of the renewal fee for each month of late submission.

Trademark registration certificate renewal fees in Vietnam

According to Circular 263/2016/TT-BTC, fees related to trademark renewal include:

• Renewal fee: 100.000 VND/class
• Late renewal fee: 10% renewal fee/each month late
• Appraisal fee for renewal request: 160.000 VND/ protection title
• Usage fee: 700.000 VND/class
• Decision Publication fee: 120.000 VND/application
• Registration fee for Decision to extend the validity of protection title: 120.000 VND/protection title.

Note: The above fees do not include VAT, industrial property representative service fees (if applying through a representative), translation and notarization fees and other costs incurred during the application process.

Note on reducing the fee for renewing the validity of protection titles for trademarks in 2024

According to Circular 43/2024/TT-BTC, from July 1, 2024, to December 31, 2024, for industrial property fees, the collection rate is equal to 50% of the fee collection rate prescribed in Section A of the Table of industrial property state fees issued with Circular No. 263/2016/TT-BTC.

Thus, the following types of trademark renewal fees will be reduced:

• Renewal fee: 50,000 VND/class (previously 100,000 VND/group)
• Late renewal fee: 50% discount of 10% renewal fee/month late payment.

However, it should be noted:

• The reduction in trademark renewal fees will only be applied from July 1, 2024 to December 31, 2024. From January 1, 2025 onwards, the collection rate will be implemented pursuant to Circular No. 263/2016/TT-BTC.
• In case of using online public services, only the fee and charge levels prescribed in Circular 43/2024/TT-BTC will be applied, to encourage the use of online public services.

Form of payment of trademark renewal fee in Vietnam

State fees prescribed in this Circular are collected in VND, except for cases where fees are collected through the International Bureau of the World Intellectual Property Organization (WIPO) which are collected in Swiss Francs (CHF) based on the conversion of the collection level in Vietnamese Dong according to the official exchange rate of the United Nations.

Fee payers shall pay state fees in one of the following forms:

• Submit directly to the National Office of Intellectual Property;
• Submit via postal service;
• Submit directly to the National Office of Intellectual Property.

Pursuant to Article 7 of Circular 23/2023/TT-BKHCN, the collection of trademark registration state fees is carried out as follows:

• When receiving a trademark renewal application, the National Office of Intellectual Property requires the applicant to pay state fees as prescribed (issue a receipt for the applicant);
• When collecting state fees, the National Office of Intellectual Property shall issue a fee and fee collection receipt as a document for payment of state fees, clearly stating the amounts and levels of state fees collected, and save them in the application file to serve the case of appraising the form of the application;
• In case of paying fees via postal service or directly into the account of the National Office of Intellectual Property, the collection of fees is determined through a copy of the fee payment receipt in the application.

Do I have to submit a receipt of payment of state fees when submitting a dossier of request for trademark renewal?

Pursuant to Clause 2, Article 31 of Decree 65/2023/ND-CP, the application for extension of validity of the Certificate of Trademark Registration includes the following documents:

“Article 31. Renewing the validity of industrial design patents and certificates of mark registration

..2. A request application for renewal of the validity of an industrial design patent or certificate of mark registration shall include the following documents:

..a) Statement requesting the validity renewal following Form No. 07 Appendix II of this Decree;

..b) Original industrial design patent or certificate of mark registration (if the protection title is issued in paper form and the recording of the renewal into the protection title is requested);

..c) Authorizing documents (in case the request is submitted by a representative);

..d) Copies of payment invoices of state fees (in cases of paying state fees via postal services or directly to the account of the industrial property right authority).

The same application may be used to request the validity renewal for one or many protection titles if they have the same subject matter and owner.”

Thus, when applying for renewal of a trademark protection title, it is necessary to submit a copy of the fee payment receipt in case of payment via postal service or direct payment to the account of the National Office of Intellectual Property.

In case of failure to submit sufficient documents and fees, the application will be considered invalid.

If the trademark renewal fee is not submitted, will the protection title be terminated?

Pursuant to Article 95 of the Law on Intellectual Property, if the owner of a protection title does not pay the fees to extend the validity of the trademark as prescribed, the protection title will terminate.

Specifically:

• In case the owner of a trademark protection title does not pay the fee to extend the validity within the prescribed period, at the end of that period, the validity of the protection title will automatically terminate from the start date of the next validity period for which the fee to extend the validity has not been paid.
• The National Office of Intellectual Property records the termination of the protection title’s validity in the National Register of Industrial Property and publishes it in the Industrial Property Gazette.

Why should you use representation services when registering and renewing trademarks?

Owners who are not specialized in intellectual property law can easily overlook the important milestones in the process of using and ensuring legal ownership of their trademarks. Furthermore, under the new provisions of the Law on Intellectual Property 2022, the number of years of protection for priority rights after the expiration of a trademark has been significantly reduced compared to the old law. Trademark owners are at high risk of losing their trademarks if they do not renew their trademark protection in time.

By using the specialized legal services of Viet An Law, the representatives of industrial property, lawyers, and highly specialized experts will help enterprises and individuals owning trademarks have a clear schedule for protecting trademarks and help clients carry out administrative procedures for registration and renewal in the most effective way. Resorting to Viet An Law’s full package of trademark registration renewal services, you will receive:

• Conduct trademark information searches, and evaluate the possibility of trademark registration;
• Draft documents and files on trademark registration renewal;
• Authorized representative, on behalf of the trademark owner, submits and monitors the status of the application at the National Office of Intellectual Property;
• Notify, advise and handle any shortcomings/rejections by competent state agencies (if any) during the process of monitoring trademark renewal applications;
• Support monitoring, representing to resolve objections and feedback with trademark owners;
• Receive documents and certificates and hand them over to clients (if any).

Above is the advice of Viet An Law on trademark registration certificate renewal fees. If you have any related questions or need advice on trademark registration, please contact the Intellectual Property Representative – Viet An Law for the best advice and support!

Update: 9/2024