Accordingly, trademarks are signs to distinguish goods, services of different organizations, individuals. In some particular cases following the law, the termination of the validity of trademark protection will take place. So, what is the procedure for termination of the validity of trademark protection in Vietnam?
- 2005 Intellectual Property Law
Definition of trademarks
Accordingly, trademarks are signs to distinguish goods, services of different organizations, individuals. In fact, signs used as trademarks must be visible signs in the form of letters, words, images, drawings, or a combination of such elements represented by one or more colors.
Dossier for termination of trademark protection title
Basically, a dossier for termination of trademark protection title will contain the following documents:
- Declaration of invalidation of protection title (02 sheets according to the form)
- Evidence (if any)
- Authorization letter
- An explanation of the reason for the request
- Proof of payment of fees and charges
Procedure for termination of the validity of trademark protection
Step 1: Submit the dossier for termination of the validity of trademark protection
After preparing the dossier, the applicant shall submit it to the NOIP.
Step 2: Processing the dossier for termination of the validity of trademark protection
In case the titleholder requests to terminate the validity of the trademark protection title:
- Check the application form in terms of form and draw conclusions on the validity of the application;
- Check the validity of the protection title requested to be terminated;
- Issue a decision to terminate the validity of a protection title at the request of the applicant.
In case the request for invalidation of a trademark protection title is made by a third party:
- Check the application form in terms of form (evidence, reason for requesting termination) and draw conclusions on the validity of the application
- The NOIP shall issue a written notice of the third party’s opinions to the title holder; so that the protection title holder can give his/her opinion. Then, the NOIP may organize the direct exchange of ideas between the third party and the protection title holder
- In case of considering opinions of the parties, NOIP shall issue a decision to terminate part/all of the protection title’s validity or to notify the refusal to terminate the protection title’s validity
- The decision to terminate the validity of a protection title shall be recorded in the National Register of Industrial Property and published in the Industrial Property Official Gazette
Normally, it will take 02-03 months from the date of payment of the fee for granting the Trademark Registration Certificate.
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.