Trademark renewal procedures in 2022

PROCEDURES FOR RENEWING TRADEMARK IN 2022

When a Trademark Registration Certificate Expires, What Should The Trademark Owner Do? What is the current procedure for trademark renewal?

Thủ tục gia hạn nhãn hiệu năm 2022

Image 1. Trademark renewal procedure in 2022.

OUTLINES

1. How long is a trademark registration certificate valid?

Clause 16, Article 4 of the 2005 Intellectual Property Law stipulates that a trademark is understood as a sign used to distinguish goods and services of different organizations and individuals.
At the same time, in Clause 25 of this Law, a protection title is also recognized as a document issued by a competent state agency to an organization or individual in order to establish industrial property rights to an invention; Industrial Designs; layout design; brand; geographical indication; rights to plant varieties.
Currently, the protection title for a trademark is the Certificate of Trademark Registration. Pursuant to Clause 6, Article 93 of the Law on Intellectual Property 2005, as amended in 2009, a trademark registration certificate is valid from the date of grant to the end of ten years from the filing date and can be renewed many times consecutively, each renewal is for ten years.
Thus, in order for their trademark to continue to be protected by law, the owner needs to carry out procedures for renewing the certificate of trademark registration.

Currently, the application for trademark renewal is specified at point c, Article 20 of the consolidation document No. 07/VBHN-BKHCN dated December 29, 2017 to verify the consolidation document of Circular No. 01/2007/TT-BKHCN via 04 times amending and supplementing the Government's Decree No. 103/2006/ND-CP dated September 22, 2006 detailing and guiding the implementation of a number of articles of the Law on Intellectual Property on intellectual property. industrial property.
Includes the following documents:

Declaration requesting extension of validity of protection certificate.
The original of the protection title (in case the extension is requested to be recorded in the protection title).
Power of attorney (in case the application is filed through a representative)
Certified copy of personal papers of the authorized person.
Copy of fee payment voucher. Applicable to the case of payment of fees and charges via postal services; or directly to the account of the National Office of Intellectual Property.

The holder of the Trademark Registration Certificate will have to prepare the documents mentioned in Section 2 and submit the dossier at the National Office of Intellectual Property.

Within one month from the date of receipt of the application, the NOIP will consider the request for extension. At this point, it can be divided into two cases.”

The National Office of Intellectual Property shall issue a decision on extension and record it in the protection title. Then register and publish in the Industrial Property Official Gazette.

Case 2: Refusing to renew
The NOIP shall notify in writing and clearly state the reasons for refusal. The NOIP sets a time limit of one month from the date of notification for the requester to correct errors or make objections, if the application for extension falls into one of the following cases:
The application for extension is not valid or is submitted improperly according to the prescribed procedures;
The person requesting the extension is not the owner of the respective protection title.
If within the fixed time limit, the requester fails to correct the omission or unsatisfactorily corrects the omission; If there are no objections or unreasonable objections, the NOIP shall issue a decision to refuse the extension.

Pursuant to Circular 263/2016/TT-BTC, the fee for renewal of a trademark registration certificate is VND 100,000/time for a mark (10 years) for each group of products/services.

Late maintenance/renewal fee (for each month of late payment): 10% maintenance/renewal fee.
The fee for publication and registration of industrial property information about a trademark is VND 120,000/time.
Owners of Certificate of Trademark Registration will pay fees, charges and fees. Or you can transfer money to the account of the National Office of Intellectual Property. In general, the cost of renewing trademark protection is lower than the cost of trademark registration.

Chi phí gia hạn nhãn hiệu

Image 2. Trademark renewal cost

An application for renewal of a trademark registration certificate may be submitted after its expiration, but within 6 months from the date of its expiration.

Point a, Article 20.363 Consolidation document No. 07/VBHN-BKHCN dated December 29, 2017 stipulates: When filing late for renewal of a foreign mark, the renewal fee must be paid as usual, the certificate holder of the trademark registration certificate must pay an additional 10% renewal fee for each month of late payment.

Pursuant to Point d, Article 95 of the Law on Intellectual Property 2005 amended and supplemented in 2009, after the expiration of the time limit, the application for renewal of the trademark registration certificate can be submitted. The registered trademark owner has 05 years from the date of expiration of the certificate of registration of the mark received to reapply and will certainly be re-issued the trademark protection title. Therefore, within 5 years from the date of expiration of the mark, others who have filed an application for registration of an expired mark will still not be granted a Certificate of Trademark Registration.

➤ More articles:

Here is the advice on trademark renewal. We hope this information will be useful to you. If you still have questions about other issues related to the field of intellectual property according to the latest laws, please contact us:

THINH TRI LAW FIRM

Hotline: 1800 6365