1. Trademark validity term and renewaltrademark 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
According to the provisions of Circular 01/2007/TT-BKHCN, the below documents are required to renew a Trademark in Vietnam:
2.1. Application for renewal of Trademark in Vietnam;
2.2. Original of Trademark Certificate (if the applicant wishes to record the renewal on the Certificate). (In case the original Certificate of Trademark Registration is submitted to the IP Office of Vietnam (IPVN), the endorsement of new protection term will be stamped at the last page of the original Trademark Registration; otherwise, the new protection term will ONLY be recorded in the IPVN’s database);
2.3. Power of attorney (if the application is filed through a representative);
2.4. Receipt of official fees;
2.5. Other documents (if any).
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 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.
More information about trademark practice in Vietnam can be found HERE.
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