When registering a trademark in Vietnam, many must consider the validity that the protection of the trademark holds. In fact, this issue may vary in different countries, which may confuse the investors or individuals. In this article, LSX will explain the validity of trademarks 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.
Conditions for the protection of foreign trademarks
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.
Thus, these conditions also go with foreign trademarks; in case foreign investors may want to protect them legally.
Validity period of a trademark protection title
Thus, a certificate of trademark registration is valid from the date of grant to the end of 10 years from the date of filing. The term of a Trademark Registration Certificate can be renewed for 10 years each time and must pay the renewed fees.
Cases of invalidation of trademark protection titles
- The protection title holder fails to pay the fee for maintaining the validity or extending the validity
- The protection title holder declares to give up industrial property rights
- The Trademark Registration Certificate holder no longer conducts business without a legal successor
- The holder of a certificate of trademark registration for a certification mark violates the regulations on use of the certification mark or fails to control; otherwise effectively control the implementation of the regulation on the use of the certification mark
- The holder of a trademark registration certificate for a collective mark does not control; or effectively controls the implementation of the regulation on the use of the collective mark
- The trademark is not used by the owner or the person authorized by the owner for a period of 5 consecutive years before the date of request for invalidation without plausible reasons; unless the use commenve and resume at least three months prior to the date of the request for termination
Normally, it will take 02-03 months from the date of payment of the fee for granting the Trademark Registration Certificate.
The protection of trademarks will last for 10 years and can be renewable.
Fee for extension of validity of a protection title (for trademarks and industrial designs): VND 540,000.