Accordingly, trademarks are signs to distinguish goods, services of different organizations, individuals. Indeed, trademarks make up an important part of the business; therefore, by renewing trademark protection, businesses may benefit themselves more in the market. In this article, LSX will give you a brief on the procedure for renewing trademark protection in Vietnam.
- 2005 Intellectual Property Law
Dossier for renewing trademark protection
Hence the regulation of IP law, a dossier for renewing trademark protection will contain the following documents:
- Declaration requesting extension of validity of protection title
- Original Certificate of Trademark Registration (in case the renewal is required to be recorded in the Certificate of Trademark Registration)
- Proof of payment of fees
Procedure for renewing trademark protection
In order to renew trademark protection, the applicant may carry out the following steps:
Step 1: Submit the dossier
Firstly, the applicant shall submit the dossier for renewing trademark protection to the National Office of Intellectual Property.
Step 2: Reviewing the dossier
Secondly, the National Office of Intellectual Property will consider the application for trademark extension within 01 month from the date of receipt of the application. In case there are no errors in the application, the NOIP shall issue a decision on extension, record it in the Certificate of trademark registration, register it and publish it in the Official Gazette.
On the other hand, if the application for extension falls into one of the following cases; the NOIP will issue a notice of its intention to refuse the extension and request correction of errors or the requester has objections:
- The application for extension is not valid or is submitted improperly
- The person requesting the extension is not the owner of the respective protection title
Then, if within 1 month, the requester fails to correct errors or unsatisfactorily corrects errors, has no objections; otherwise has unreasonable objections, the NOIP shall issue a notice of refusal.
Fee for extension of validity of a protection title (for trademarks and industrial designs): VND 540,000.
The protection of trademarks will last for 10 years and can be renewable.
Yes, they can. In case, foreign individuals do not permanently reside in Vietnam, foreign organizations and individuals do not have production and business establishments in Vietnam, must submit registration dossiers through their legal representatives is an industrial property representative organization) in Vietnam.