Issuing duplicates and reissuing trademark protection titles

by ThanhMai
  • Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
  • Circular No. 01/2007/TT-BKHCN dated February 14, 2007

In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Accordingly, other co-holders may request the IPVN to issue duplicates of the protection title but shall pay a fee.

Normally, an industrial property right holder may request the IPVN to reissue the protection title/duplicate of a protection title. In the following cases: the protection title/duplicate of protection title is lost; damaged, torn, stained, or faded out that it can no longer be used. However, the holder shall pay a reissue fee.

A request for issuing duplicates and reissuing trademark protection titles

+ First of all, Declaration for issuing of duplicates/ reissuing of protection titles, (according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);

+ Additionally, Sets of photos or drawings of industrial designs;

+ Besides, Power of attorney (in case through a representative);

+ Next, A copy of the receipt of fees and charges as prescribed;

+ Lastly, Other documents (if necessary).

The time limit for issuing duplicates and reissuing trademark protection titles

IPVN shall examine the request for issuing the duplicates/reissuing the protection titles within 01 month from the date of receipt of the request.

Result for issuing duplicates and reissuing trademark protection titles

If that request satisfies the above requirements, IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title. Then, IPVN shall record the title in the section for registration of the protection title in the National Register of Industrial Property. Further, IPVN shall publish the title in the Industrial Property Gazette.

If a request for issuing/ re-issuing fails to satisfy the requirements above, the IPVN shall issue a decision on refusal. 

Fees and charges for issuing duplicates and reissuing trademark protection titles

+ Fee for publication of a decision on issuing of a protection title duplicate/ reissuing of the protection title: VND 120,000/ 01 request;

+ Fee for recording a decision into the National Register of Industrial Property: VND 120,000/ protection title.

+ Public service fee (temporarily not calculated because there are no specific regulations).

Contact LSX law firm

Thank you for paying attention to our article.  Hopefully, this article is useful for you to answer basically the questions about Intellectual Property in Vietnam. Finally, if you have any questions, please do not hesitate to contact Lawyer X for quick and best legal services: +84846175333.

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