What to do when individuals forgot to pay the fee for granting trademarks?

by QuynhHuong

Accordingly, from the time of submitting the dossier to the official grant of a protection title, it needs to go through a complicated appraisal process. So, what to do when individuals forgot to pay the fee for granting trademarks? Let’s find out the issue with LSX!

  • 2005 Intellectual Property Law

Cases of refusal to grant protection titles

In case you may not know, forgetting to pay the fee or not paying the fee for granting a protection title is an act; in the cases that are not considered for the grant of a trademark protection title.

Normally, the NOIP refuses to grant a protection title in the following cases:

  • There are grounds to assert that the mark does not fully meet the protection conditions;
  • The applicant does not respond, responds late or responds unsatisfactorily to the official dispatch intending to reject the NOIP’s application;
  • Have a third party object to your application;
  • The applicant fails to fully pay the prescribed fees;
  • An application that meets the conditions to be granted a protection title but is not an application with the earliest priority or filing date; in the case specified in Clause 1, Article 90 of the Intellectual Property Law;
  • An application is in the case where there are many applications that meet the same conditions; and have the same priority or earliest filing date, but all the parties can not come to an agreement
  • Fee payment is a necessary condition for state agencies to have facilities to print and issue protection titles. Although it is a very small thing, due to subjectivity, carelessness or intentionality, many businesses dropped their trademarks despite going through the appraisal process that took nearly 3 years.

What to do when individuals forgot to pay the fee?

Normally, the appraisal process to grant a protection title takes 2-3 years; after successful appraisal, the NOIP will issue a written notice of granting a protection title and request payment of fees.

Basically, the trademark owner will have 3 months from the date of signing the official letter to pay the fee; the payment of the fee is an agreement with the above-mentioned intention to grant the title, no fee needed.

However, what should I do if I forget to pay the fee for granting a protection title? According to Lawyer X‘s experience; the fee payment must be done as quickly as possible from the deadlines of the fee payment. In addition, it is not always enough to pay the fee; but they will need a written explanation of the reason for the late submission. (for example, because of economic reasons, because of delivery of documents, or any other reasonable reason).

Please note that, when submitting documents to the National Office of Intellectual Property, you should consult a lawyer because when considering the content to allow the grant of a degree or not, it is from the authorities. If rejected, the process will go back to the beginning when you resubmit the application and wait for the next 2-3 years.

Above are the answers on “What to do when individuals forgot to pay the fee for granting trademarks?” In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.

How long does it take to register for the protection of trademarks in Vietnam?

Normally, it will take 02-03 months from the date of payment of the fee for granting the Trademark Registration Certificate.

Can foreign investors apply for the protection of foreign trademarks?

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.

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