When is the Trademark Registration Certificate terminated in Vietnam?

The Certificate of Trademark Registration is a protection title issued by the NOIP to establish the rights of the trademark owner in accordance with the law. However, not all Trademark Registration Certificates are valid permanently. In fact, Vietnam’s intellectual property law stipulates specific cases in which the Trademark Registration Certificate may be invalidated, affecting the ownership and use of trademarks of organizations and individuals. So, when is the Trademark Registration Certificate terminated? In this article, Viet An Law will advise and answer questions for clients.

Validity of the Trademark Registration Certificate in Vietnam

According to Article 93 of the Vietnam Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, and 2022, the Trademark Registration Certificate takes effect as follows:

Validity Time

The trademark registration certificate is valid from the date of issuance to the end of ten years from the date of filing, and can be renewed several times in a row, each time for ten years.

Spatial Validity

The protection title is valid throughout the territory of Vietnam.

When is the Trademark Registration Certificate terminated?

According to Article 95 of the Law on Intellectual Property, as amended and supplemented in 2009, 2019, and 2022, the Trademark Registration Certificate will be invalidated in whole or in part in the following cases:

The protection title holder fails to pay state fees to extend the validity period as prescribed

The trademark registration certificate is valid from the date of issuance to the end of ten years from the date of filing, and can be renewed several times in a row, each time for ten (10) years. In order to extend the validity of a trademark registration certificate, the protection title holder must pay state fees to extend the validity.

At Point 3.1, Section A, the Schedule of industrial property state fees issued together with Circular 263/2016/TT-BTC, there are regulations on trademark renewal fees as follows:

• The trademark renewal fee is 100,000 VND/class
• Late renewal fee (if paid late): 10% of the maintenance fee/per month paid late
• Fee for appraisal of request for extension: 160,000 VND/protection title
• Fee for using a protection title: 700,000 VND/class
• Fee for announcing the Decision on recognition of extension: 120,000 VND/application
• Registration fee for validity extension: 120,000 VND/protection title

If the procedures for trademark extension are not carried out and the renewal state fees are paid in accordance with regulations, the trademark registration certificate will be invalidated.

Note:

• According to Circular 64/2025/TT-BTC stipulating the collection and exemption of several state fees to support businesses and people, from July 1, 2025, to the end of December 31, 2026, the industrial property fee rate is equal to 50% of the above fee rate in Circular 263/2016/TT-BTC.
• Dossiers and procedures for trademark extension are guided in Article 31 of Decree 65/2023/ND-CP.

The protection title holder declares the rights of industrial property rights.

The protection title holder declares the relinquishment of industrial property rights if there is no need to use it. In this case, the trademark protection title holder must send a request to the NOIP for the declaration of waiver of industrial property rights to the trademark.

The National Office of Intellectual Property shall consider and decide to terminate the validity of the protection title. The validity of the trademark registration certificate shall be terminated from the date the National Office of Intellectual Property receives the written declaration of the owner of the trademark registration certificate.

The holder of the protection title no longer exists, or the holder of the Trademark Registration Certificate no longer operates business without a lawful successor

This case usually applies to businesses, business households, or business individuals. Accordingly, two conditions should be met:

• The holder of the protection title no longer exists, or the holder of the Trademark Registration Certificate no longer operates its business;
• No legal successor;

The trademark may not be used for a period of five consecutive years prior to the date of the request for termination

Case:

• The trademark is not used by the owner or a person authorized by the owner;
• For a period of five consecutive years before the date of the request for termination without plausible reasons, unless the use is started or restarted at least three months before the date of the request for termination, the trademark registration certificate shall be invalidated.

Collective marks do not control or ineffectively control the implementation of the regulations on the use of collective marks.

• A collective mark is a mark used to distinguish the goods and services of members of an organization that is the owner of such mark from the goods and services of an organization or individual that is not a member of such organization. The Regulation on the use of collective trademarks includes the contents according to Clause 4, Article 105 of the IP Law.
• Accordingly, if the owner of the Trademark Registration Certificate for a collective mark fails to control or ineffectively controls the implementation of the regulation on the use of collective marks, the Trademark Registration Certificate will be invalidated.

The certification mark violates the regulation on the use of the certification mark

• Certification mark means a mark that the trademark owner permits another organization or individual to use on goods or services of such organization or individual to certify the characteristics of origin, raw materials, materials, methods of production of goods, methods of service provision, etc quality, accuracy, safety or other characteristics of goods and services bearing the mark.
• The owner of the Trademark Registration Certificate, for a certification mark that violates the regulation on use of the certification mark or fails to control or ineffectively control the implementation of the regulation on the use of the certification mark, the Trademark Registration Certificate shall be invalidated.

Use of trademarks that mislead consumers about the nature, quality, or geographical origin of goods or services

If the use of a protected trademark for goods or services by the trademark owner or a person permitted by the trademark owner to mislead consumers about the nature, quality, or geographical origin of such goods or services, the Trademark Registration Certificate shall be invalidated.

Protected trademarks become common names

• A trademark is a sign used to distinguish the goods and services of different organizations and individuals. Accordingly, one of the conditions for trademark protection is the ability to distinguish the goods and services of the trademark owner from those of other subjects.
• Therefore, if the protected trademark becomes a common name of the goods or services registered for the trademark itself, it will not meet the conditions for trademark protection. The trademark registration certificate will be invalidated.

The time of the trademark registration certificate has terminated

In case the owner of the trademark registration certificate fails to pay charges and fees for the extension of validity within the prescribed time limit, upon the end of the permitted extension period, the validity of the trademark registration certificate shall automatically terminate from the date of the beginning of the next validity period.  Fees for extension of validity are not paid. The National Office of Intellectual Property shall record the termination of the validity of the protection title in the National Register of Industrial Property and publish it in the Official Gazette of Industrial Property.

In case the protection title holder declares the renunciation of industrial property rights, the National Office of Intellectual Property shall consider and decide to terminate the validity of the protection title. The validity of the protection title shall be terminated from the date the National Office of Intellectual Property receives the written declaration of the protection title holder.

For the remaining cases: The validity of the trademark protection title shall be terminated from the date the National Office of Intellectual Property issues the decision to terminate the validity of the protection title.

Cases of requests for terminated trademark registration certificates are subject to payment of state fees

According to Clause 4, Article 95 of the IP Law, organizations and individuals have the right to request the NOIP to invalidate the protection title in the following cases, on the condition that state fees must be paid:

• The holder of the protection title no longer exists or the holder of the Trademark Registration Certificate no longer operates its business without a lawful successor;
• The trademark is not used by the owner or a person authorized by the owner for a period of five consecutive years prior to the date of the request for termination without plausible cause, except where the use is commenced or restarted at least three months before the date of the request for termination;
• The owner of the trademark registration certificate for a collective mark fails to control or ineffectively controls the implementation of the regulation on the use of collective marks;
• The holder of the Certificate of Trademark Registration for the certification mark violates the regulation on use of the certification mark or fails to control or ineffectively controls the implementation of the Regulation on the use of the certification mark;
• The use of a protected trademark for goods or services by the trademark owner or a person authorized by the trademark owner to mislead consumers about the nature, quality or geographical origin of such goods or services;
• The protected trademark becomes the common name of the goods and services registered for the trademark itself.

Specifically, fees for requests, fees for appraisal of requests for termination or terminated protection titles, registration fees and fees for publication of decisions on termination or terminated protection titles must be paid.

Procedures for handling requests for terminated trademark registration certificates

Dossier Components

According to Decree 65/2023/ND-CP, a petition for terminating a protection title includes 01 set of the following documents:

• A declaration of request for termination of a protection title, made according to Form No. 08 in Appendix II of Decree 652023/ND-CP
• Evidence (if any);
• Power of attorney (in case the request is submitted through a representative);
• A written explanation of the reasons for the request (clearly stating the number of the certificate, reasons, legal grounds, contents of the request for termination or cancellation of part or all of the validity of the protection title) and relevant documents;
• A copy of the charge and fee payment voucher (in case of payment of state fees by postal service or directly into the account of the state management agency in charge of industrial property rights).

How to Apply

• From 10/08/2025, to improve the efficiency of using online public services, promote the reduction and simplification of administrative procedures and promote digital transformation in the agency’s operations, the NOIP will prioritize receiving paper documents, only online with a lot of administrative procedures. Including the procedure for requesting the termination the trademark certificate.
• Therefore, clients need to pay attention to submit online documents at the address: https://dichvucong.ipvietnam.gov.vn/

Settlement time limit

• Based on the results of considering the application for termination the protection title, and the opinions of the parties concerned, the NOIP shall notify the refusal to terminate the validity of the protection title or decide to terminate the validity of the protection title in whole or in part.
• The time limit for issuance of a decision and notification is 03 months from the date of expiration of the 02-month time limit for the protection title holder to give his/her opinion or the end of the 3-month time limit for an application for registration of an international trademark in which the protection title holder has no opinion or from the date of receipt of the opinion of the protection title holder. This time limit may be extended for a maximum of 03 months if the protection title holder has a different opinion from the person requesting the termination of the protection title.
• In case the protection title holder declares the renunciation of industrial property rights, the above-mentioned time limit is 15 days from the date of receipt of the request.
• If disagreeing with the contents of the decision or notice of handling of the request for termination of the protection title, the requester may complain about such decision or notice in accordance with the law on complaints related to industrial property procedures;
• The decision to terminate the validity of the protection title shall be recorded in the National Register of Industrial Property and published in the Official Gazette of Industrial Property within 60 days from the date of issuance of the decision.

The above is Viet An Law’s advice on the question: When is the trademark registration certificate terminated? If you have any related questions or need advice on trademark legal procedures, please contact Viet An Law for the best advice and support!