- Email: rubby@ipcells.com
Wednesday, December 6, 2023
1. Trademark validity term and renewal trademark in Vietnam
A Trademark in Vietnam becomes effective from the granting date to the end of 10 years commencing from the filing date (subject to renewal trademark in Vietnam) and can be renewed each time for ten years unlimitedly for the whole or part of the list of goods/services.
In order to renew the validity of the Trademark in Vietnam, the Trademark holder shall pay renewal fees within six months before the expiration of the validity term. The payment of the renewal fee may be delayed for no more than six months after the expiration of the current validity term but the Trademark holder shall pay the renewal fee plus 10% for each month of delayed payment.
2. Required documents for renewal of Trademark in Vietnam
To renew a trademark registrations in Vietnam, the following documents should be provided to us:
(i) Original Trademark Registration Certificate/s (if any).
(ii) One original duly signed/sealed Power of Attorney (“PoA”). Neither notarization nor legalization for the PoA is required.
3. Time frame and procedure for renewal of Trademark in Vietnam
According to Point 20.4.d of Circular No. 01/2007/TT-BKHCN, the IP Office of Vietnam (IPVN) shall consider the renewal request within one month from the date of receipt of the renewal application and the fees. However, in current practice, it often takes from 4 to 6 months for the IPVN to complete the renewal procedure.
If the application has no defect, the IPVN shall issue a Decision on renewal recordal, show the recordal on the last page of the Trademark Certificate (if the original Certificate was submitted), then publish the Decision in the Industrial Property Official Gazette within two months counted from the date of issuance of the Decision.
Otherwise, the IPVN shall issue a Notice of Defect, clearly stating the reason for refusal and setting a time limit of two months from the signing date of notice for the applicant to correct defects or make arguments. In case of no response in due date or the response is not accepted, the IPVN shall issue a notice of refusal to renew the validity of the Trademark registration in Vietnam.
In case the original Certificate of Trademark Registration is not submitted under the renewal procedure but its holder wishes to record the Decision on the Trademark Certificate after the renewal procedure is completed, they need to proceed with the change procedure and pay the fees accordingly.
4. Some notes for renewal trademark in Vietnam
(i) A trademark owner is not required to submit evidence of for the purpose of trademark renewal in Vietnam.
(ii) The IPVN will not issue a trademark renewal certificate. If a trademark owner submits the original trademark registration certificate for renewal, the IPVN will affix a renewal note directly thereto and return it to the trademark owner upon completion of the renewal. If no original trademark registration certificate is submitted, the Vietnam IPO will issue a Decision on renewal and publish the trademark renewal in the industrial property of Vietnam within 3-4 months of the renewal being completed.
In case you need assistance on trademark renewal in Vietnam, please do not hesitate to contact us via email: rubby@ipcells.com
The validity of a patent may be suspended if the patentee declares in writing abandonment of the design patent or fails to pay the prescribed renewal fee within the time limits as regulated.
When the design patent validity is suspended, the patent rights will be terminated from suspension of the design patent.
5 years from the validity date of design patents. In case the rights to the design patents have been established in bad faith, the time limit is the whole duration of dseign patent protection.
The following acts, committed without the consent from a patent holder, shall constitute a patent infringement:
(i) manufacturing products using a patented design;
(ii) using, importing, advertising or circulating products that have been manufactured using a patented design.
Yes. If independent usage of an industrial design identical with a design under a published industrial design application is taken place prior to the filing date by any person or legal entity (prior user), after the registration of this industrial design, the prior user is entitled to continue using the industrial design without extension and transferring the right to use to others
The scope of design protection includes any design having a set of main features that is identical to or is not substantially different from the same of the protected design.
When substantive examination of the application is requested, the Vietnamese translations of
annexes to the international preliminary examination report (Form PCT/ISA/237 or
PCT/IPEA/409) must be submitted.
