As regulation of law
on intellectual property, the mark, trademark or service mark, is
one of protected subjects of industrial property right. However, to be
protected by law, the owner of mark shall apply protection registration dossier
to competent authority prior. When the owner registers and is granted a
certificate of registered mark, the owner shall have the exclusive right to
label the product, service or both, right to allow others to use the mark
throughout mark license contracts, right to assign the mark ownership and right
to prevent breaching action from any third party.
Trademark Protection Extension in Vietnam
However, a certificate
of registered mark shall be valid from the grant date until the end of ten (10)
years after the filing date. When the validity terminates, in order to continue
being the owner of mark, the owner of Certificate shall implement the procedure
of extending the protection validity of the certificate. It is important that
the owner has to be aware of the time to apply dossier for a certificate
extension in accordance with the law.
As regulation of law,
time limit of extending mark certificate is prior or after six (06) months from
the expiration date of mark certificate. If the extension is applied prior 06
months since the expiration date, the owner shall pay extension fee. If the
extension is applied after 06 months since the expiration date, the owner shall
pay extension fee and fine for late payment as month.
Procedure
of extending mark certificate:
- Application form (as template);
- Original Mark Certificate (if
any);
- Power of Attorney (POA);
- Payment voucher.
With highly professional staff and great
experience in IP aspect in Vietnam, ANT Lawyers would like to support you in
extending your trademark or service mark or both in Vietnam.
ANT Lawyers - IP services in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for Trademark registration services in Vietnam via email ant@antlawyers.vn or call our office at +84 28 730 86 529.
Source ANTLawyers: https://antlawyers.vn/library/intellectual-property-law/time-limit-of-trademark-protection-extension.html
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