Cancellation Against of Trademark in Vietnam
It typically takes a
significant amount of time and effort on the part of your business to win
customers' confidence in your products and trademark. However, if there is
another trademark for the same goods that is identical to yours, it will likely
cause customers to make mistakes or become confused, resulting in a number of
negative effects for your business, including a decrease in sales, a loss of
reputation, and the ability to distinguish yourself.
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In fact, after
partnering with domestic businesses to distribute or sell goods, many
international businesses discover that their trademarks are stolen by partners
who register their trademarks for intellectual property protection in national
offices. It is simple for trademark thieves to steal trademarks because each
nation protects trademarks differently.
You should ask the
Vietnam Intellectual Property Authority to cancel the trademark that was used
in violation of your rights and benefits. ANT Lawyers would like to assist you
in canceling against a trademark in Vietnam in the following ways because they
have excellent IP experience in Vietnam and a highly professional staff.
Cancellation
against of trademark in Vietnam
A certificate of trademark registration may
be revoked entirely or partially at the request of a third party in accordance
with Article 96 of the IP Law of Vietnam.
In the specified circumstances, the applicant
may submit a written request to the National Office of Intellectual Property
(NOIP) to cancel protection titles subject to payment of fees and charges.
Period for
filling cancellation request
To request cancellation
against of trademark in Vietnam due to the Applicant’s bad
faith: the period for lodging such a request is the whole term of a Protection
Title.
To request cancellation against of
trademark in Vietnam due to other legal
reasons: the period for lodging such a request is within 5 years as from the
granting date.
The case
for cancellation against of trademark in Vietnam
Any third party may request that a certificate
of trademark registration be revoked entirely or partially in the following
circumstances:
The registration applicant does not possess
the right to register an invention, industrial design, layout-design, or mark,
nor has this right been granted to them;
At the time the protection title is granted,
the subject matter of industrial property does not meet the protection
conditions.
Required
documents
Proofs
(if any);
Power
of attorney;
Written justification of the request,
including relevant documents and clearly stating the protection title's serial
number, reason, and contents for terminating or canceling a portion or the
entire protection title.
Time and
procedures for cancellation against of trademark in Vietnam
In the event that a third party makes a
request to have their trademark
protection title revoked, the NOIP is required to provide the
protection title holder with written notice of the third party's opinions and
set a response deadline of two months from the date of notification.
The NOIP must decide whether to cancel all or
a portion of the protection title or notify the parties of its refusal to
cancel the trademark protection title after taking the opinions of the parties
into consideration.
The requester or a party involved may file a
complaint regarding the decision or the relevant notice if they disagree with
the NOIP's handling of the request for cancellation of the trademark protection
title
Within two months of its signing, a decision
to cancel a trademark protection title must be published in the Industrial
Property Official Gazette and added to the National Register of Industrial
Property.
ANT Lawyers - IP Services in Vietnam firm that regularly informs clients of legal developments pertaining to trademarks by following up with authorities.
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