General provisions on renewal of validity of trademark protection titles
Legal grounds
- Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
- Circular No. 01/2007/TT-BKHCN dated February 14, 2007
Normally, a trademark registration certificate shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date.
The validity of a certificate of a registered mark may be extended many times for a period of ten years each for all or part of the list of goods and services in a mark registration. To have the validity of the trademark protection title renewed, a protection titleholder 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 delay for no more than six months after the expiration of the current validity term; however, the protection titleholder shall pay the delayed renewal fee for each month of delayed payment
A request for renewal of trademark 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 through a representative)
+ A copy of the receipt of fees and charges;
+ Other documents (if necessary)
The time limit for renewal of trademark protection titles
IPVN shall examine the request for validity renewal within 01 month from the date of receipt of the request.
Result for renewal of trademark protection titles
If the request is considered valid, the IPVN shall issue a decision on renewal of the protection title, register, and publish it in the Industrial Property Official Gazette. In contrast, the IPVN shall issue a decision on its rejection of the request for protection title renewal. NOIP will return the certificate (if any) and record the renewal to the owner.
Fees and charges for renewal of trademark protection titles
- Firstly, Official charge for renewal of protection titles: VND 100,000/ 01 group of goods or services;
- Secondly, Official charge for delayed renewal: renewal fee plus 10% for each month of delayed payment;
- Thirdly, Fee for examination request for renewal of protection titles: VND 160,000/ 01 protection title;
- Additionally, Fee for protection title usage: VND 700,000/ 01 group of goods or services;
- Next, Fee for publication of the decision of the renewal of protection titles: VND 120,000/ 01 request;
- Lastly, 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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