How do you know when it's time to renew your trademarks?

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 in Vietnam

The receiving of the trademark registration certificate is not a final point in your trademark life. To keep your trademark valid you must renew it every 7-20 years depending on the country the mark is registered in. There are no limits on how many times your trademark can be renewed. You can do it 1, 3, 6 times or do not do it at all if you don’t want to use your mark more.

The renewal date is indicated on the website of the Intellectual Property Office of the country where your trademark is registered. The only way to know it is just to remember this date. You can set a reminder on your phone or computer, print the date and put it up on the wall or think out another method to keep it in mind. The main thing is not to miss this date, otherwise, your mark will be canceled.

It might be easier if you hire trademark lawyers in Vietnam to register your mark because he will probably send you an email with the notification that it is time to renew your trademark.

Hope this help!

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Can a trademark expire?

Once your trademark is 10 years old, it would expire. This is a primary caveat with trademark; it only lasts for about 10 years. Once the 10 years have come close and you haven’t applied for renewal or restoration, the expiration process begins.

Time limit of trademark protection extension

To that end, it is definitely important for you to either renew or restore it:

1. Trademark renewal: Application for the trademark renewal has to be applied 6 months before the expiration date has come near. Once this period is not taken heed to, the trademark shall expire and you are only left with the next measure.

2. Trademark restoration: trademark restoration takes place after the expiration date is over. How is this option? The answer is a pretty simple one! Once the trademark has been expired, the most definite and the logical way to make sure that you still have access to it are through trademark restoration. Once you apply for the restoration, you would go through the same strides as you went through when you applied for trademark registration for the first time. You would go through the initial application. This application might be objected against by the department, and you would have to file a reply for it. This restoration process also involves putting the trademark in the journal for about 4 months. Once the mark is restored, you would again receive a certificate from the department that implies the same.

To that end, it would be better if you go by the former part of renewal and don’t wait for the restoration process.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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Procedure of extending mark certificate in Vietnam

Time Limit of Trademark Protection Extension

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.

Register trademark 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.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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