Tiếng Việt
Trademark is valid for 10 years from the filing date. Then, the trademark owner must file request for renewal of trademark in Vietnam if they want to maintain its validity.
Mục lục
What is trademark?
According to Article 4 of the IP Law 2005, trademark is a sign used to distinguish goods or services of different organizations and individuals.
Term of trademark renewal
Trademark registration certificates can be renewed for many consecutive times, each 10 years for the whole or a part of the list of goods and services. Within 6 months prior to the expiry date of the protection title, the trademark owner submits a request for trademark extension to the NOIP. In case of late payment, the owner of the protection title shall pay an additional 10% fee for the extension of validity for each month of late payment.
To have the validity of his/her trademark protection title renewed, a protection title holder shall file a request for renewal of protection titles’ validity and pay a validity renewal fee within six months before the expiration of the validity term. The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed renewal fee for each month of delayed payment.
A request for renewal of protection titles’ validity
+ Declaration requesting renewal of protection titles’ validity (according to form 02-GH/DTVB Appendix C of Circular No. 01/2007/ TT-BKHCN);
+ Original protection title (if the extension is requested to be recorded in the protection title);
+ Power of attorney (in case the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
The time limit to renewal of trademark
– NOIP shall examine the request for validity renewal within 01 month from the date of receipt of the request.
– Result: If the request is considered valid, the NOIP shall issue a decision on renewal of the protection title, register and publish it in the National Industrial Property Official Gazette. If the request is considered invalid, the NOIP shall issue a decision on its rejection of the request for protection title renewal.
Return (if any) the certificate that have been recorded for renewal to the owner.
Fees and charges
+ Official charge for renewal of protection titles: VND 100,000/ 01 group of goods or services;
+ Official charge for delayed renewal: renewal fee plus 10% for each month of delayed payment;
+ Fee for examinationrequest for renewal of protection titles: VND 160,000/ 01 protection title;
+ Fee for protection title usage: VND 700,000/ 01 group of goods or services;
+ Fee for publication of decision of renewal of protection titles: VND 120,000/ 01 request;
+ Fee for recording decision of renewal or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.
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