FAQs

1. Any party may request that any other party produce documents in response to written document requests for cancellation of trademark in Vietnam ("Document Requests").

Only administrative agencies or Court may request concerning party produce document in response for cancellation case of trademark in Vietnam.

2. The general rules concerning the timing, number and scope of Document Requests are: After receiving a cancellation petition a trademark in Vietnam, the administrative body or the court may request the parties to produce documents in response. Each party is invited to produce documents at least once, but additional requests may be made, depending on the complexity of the case.

3. If the requested party fails to provide documents in response to Document Requests, in whole or in part, there is no procedure by which the requesting party can compel compliance.

4. If the requested fails to provide documents in response to Document Requests, in whole or in part, the consequences are as follows: The trademark cancellation in Vietnam will be considered in the available document.

5. The grounds on which the requested party may justify its refusal to produce documents in response to Document Requests, in whole or in part, and the circumstances in which these grounds are applicable are as follows:

a) the question is not related to the cancellation case of trademark in Vietnam;
b) the answer is obvious;
c) force majeure.

6. Documents obtained in response to Document Requests may be used as evidence in the trademark cancellation in Vietnam. Provided that the answer is an official written document and meet the formality requirement.

1. A party may request that any other party answer written questions, under oath ("Interrogatories").

2. The general rules concerning the timing, number and scope of Interrogatories are as follows: After receiving a cancellation petition of trademark in Vietnam, the administrative body or the court may request that a party answer written questions. There is no specific regulation on the number of interrogatories. The scope of interrogatories should be directly or indirectly involved in the cancellation request a trademark in Vietnam.

3. If the requested party fails to provide answers to Interrogatories, in whole or in part, there is no procedure by which the requesting party can compel compliance.

4. If the requested party fails to provide answers to Interrogatories, in whole or in part, the consequences are as follows: The trademark cancellation case is considered on the available documents and come to a decision.

5. The grounds on which a party may justify its refusal to respond to Interrogatories, in whole or in part, and the circumstances in which these grounds are applicable are as follows:

i) The question is not related to the concerning cancellation case of trademark in Vietnam;
ii) The answer is clear;
iii) Force majeure.

6. Answers to Interrogatories may be used as evidence in the action. Provided that the answer is an official written document.

The following statute of limitations or acquiescence provisions will prevent cancellation a trademark in Vietnam, regardless of the grounds for cancellation:

The statute of limitations for exercising the right to request invalidation of a protection title of the mark shall be five years as from the granting date of the trademark in Vietnam, except where the protection title has been granted due to the applicant's dishonesty.

Yes, COVID-19 pandemic has made a significant change in financial decisions of enterprises related to Intellectual Property matters. In which, there are decisions regarding Intellectual Property that are temporary and also decisions that are permanent to fit into the new context.

- First of all, enterprises must tighten their spending policies related to Intellectual Property. The expenditures should be reviewed more carefully and priority should be given to the fixed items such as salary for staff, maintenance of office operations.

- In another aspect, COVID-19 pandemic could also be viewed as an opportunity for restructuring and optimizing business activities of enterprises to suit the market. A number of measures have been effectively applied by many enterprises such as:

+ Focus on internal training, improve quality and knowledge for human resources, improve processes, redefine business plans and new visions.
+ Apply software and technology applications to work remotely with customers and Competent State Agencies while still ensure the effective and continuous interaction.
+ Switch to working from home instead of going directly to office, especially during the period of social distancing.
+ Enhance security measures to ensure that all services working remotely and data transfer are not compromised.

Assignment of trademark in Vietnam means the transfer of ownership right by owner of such trademark right to another organization or individual.

The assignment of trademark in Vietnam is not merely the assignment of that trademark but also needs to consider the following aspects:

- The assigned trademark in Vietnam must not be identical or similar to the remaining trademarks of the Assignor. If so, it is necessary to assign all identical/similar trademarks to avoid the possibility of confusing consumers about the origin of the branded goods/services.

- The assigned trademark in Vietnam must not be identical or similar to the tradename of the Assignor to avoid the possibility of confusing consumers about the origin of the branded goods/services. In this case, the trademark assignment is only acceptable if it falls into one of the following situation:

+ The Assignor transfers to the Assignee all the business establishments and activities under that tradename; or
+ The Assignor eliminates the business sectors related to the branded goods/services and such elimination must be recorded in the Business Registration Certificate; or
+ The Assignor has dissolved, ceases to exist after signing the trademark assignment contract; or
+ In fact, the National Office of Intellectual Property of Vietnam may accept the assignment of trademark that similar to the trade name of the Assignor if it is able to provide documents proving that the Transferor is the Parent Company / Capital Contractor (accounting for more than 50% of the capital contribution) to the Assignee.

- In addition, when assigning the trademark in Vietnam, it is necessary to negotiate to transfer all other means/forms of the trademark such as domain names, the system of branded stores, etc.

- When negotiating trademark assignment in Vietnam, it is also necessary to note whether or not the assignment fee includes taxes payable to the government such as VAT, income tax.

Should you need more information or further advice on assignment of trademark in Vietnam, Laos, Cambodia and Myanmar, please do not hesitate to contact us via email at trademark@ageless.com.vn

1. The following costs and fees are associated with initiating cancellation proceedings a trademark in Vietnam:

- Attorney fees;
- Statutory or regulatory fees;
- Administrative costs relating to legalization and/or notarization.

2. No official fees are refundable if an application for cancellation is withdrawn, regardless of the grounds for trademark cancelation in Vietnam.

3. If an application for trademark cancelation in Vietnam is based on multiple grounds, no additional official fees are due.

For cancellation proceedings a trademark in Vietnam, a signed power of attorney must be provided to a representative by an applicant.

There are no notarization/legalization requirements for a power of attorney form in cancellation proceedings a trademark in Vietnam.

Before Trademark Registry (the National Office of Intellectual Property) or its higher level (the Ministry of Science & Technology). However, notarization and legalization requirements must be met in trademark cancellation proceedings before a court in Vietnam.

1. The applicant is required to appoint a representative (attorney, agent or other legal representative) in cancellation proceedings a trademark in Vietnam in the following circumstances: where the applicant is a foreigner or foreign company without a representative office in Vietnam.

2. The trademark representative must be domestic, i.e., with an office in Vietnam.

3. Additional professional qualifications required of a representative in cancellation proceedings of trademark in Vietnam are as follow: Practicing License of IP Representative granted by the National Office of Intellectual Property.