Hence the regulation of Vietnamese IP law; there are some limitations when it comes to the validity of trademark protection. So, what is the termination of the validity of trademark protection title in Vietnam? Let’s find out with LSX!
- 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.
Cancellation of trademark protection title
Thus the Article 96, 2005 IP Law; the cancellation of trademark protection title will take place in the following cases:
- Firstly, the applicant for registration does not have the right to register and may not assign the right to register the mark
- Secondly, the mark does not meet the protection conditions at the time of granting the protection title.
Basically, the person who has the right to request the cancellation of a trademark protection title is any individual or organization. The statute of limitations for exercising the right to request invalidation of a protection title is 5 years from the date of grant of a protection title; unless the protection title is granted due to the dishonesty of the applicant.
Termination of the validity of trademark protection title
Correspondingly, the termination of the validity of trademark protection title will be applied in the following cases:
- The owner of a trademark protection title fails to pay the fee for maintaining or extending the validity
- The protection title holder declares to give up industrial property rights
- The owner of the protection title no longer exists or the holder of the trademark registration certificate no longer operates without a legal heir
- Unused trademarks within the previous 5 consecutive year requested for termination without a valid reason; unless the validity start at least 03 months before the date of request for termination
- The holder of a trademark registration certificate for a collective mark does not control; otherwise not effectively controls the implementation of the regulation on the use of the collective mark
- The holder of a certificate of registration of a mark for a certification mark violates the regulation on the use of the certification mark; or fails to control or effectively control the implementation of the regulation on the use of the certification mark
- The geographical conditions that create the reputation, the quality and characteristics of the products bearing the geographical indications are changed; causing a loss of the reputation, quality and characteristics of that product.
- What is the importance of foreign trademarks protection in Vietnam?
- The validity of trademarks protection under Vietnamese law
Hence the regulations of Intellectual Property Law, trademarks need to meet the following conditions:
– A visible sign in the form of letters, words, drawings, images, including holograms or a combination of such elements, represented by one or more colors
– Having the ability to distinguish goods and services of the mark owner from those of other subjects.
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.