The procedure for renewing a trademark registration certificate is an important legal process to maintain trademark ownership. According to the provisions of the intellectual property law, a trademark registration certificate is valid for 10 years from the date of filing the trademark registration application. The renewal process requires attention to specific procedures and regulations, and may require assistance from experienced legal professionals.
The renewal of trademark registration plays an important role in protecting the intellectual property rights and trademarks of enterprises. This ensures that:
- Intellectual property rights protection: Keeping the intellectual property rights of enterprises protected and maintained for a long time, avoiding loss of ownership due to failure to maintain them on time.
- Maintain brand value: Help the brand of the business to be maintained and enhance its value, ensuring that the brand is still recognized and trusted by the consumer community.
- Cost and Time Savings: Avoid the cost and time for re-registration or restoration of title after expiration.
According to the provisions of Clause 3, Article 31 of Decree No. 65/2023/ND-CP:
- Deadline for submission of renewal documents: Within 06 months before the expiration of the trademark registration certificate.
- Late extension: The documents can be submitted late but not more than 06 months from the date the protection title expires, enclosed with an extension fee and a surcharge of 10% for each month of late payment.
- A request for renewal of protection titles’ validity includes:
- Declaration requesting renewal of protection titles’ validity (form No. 07 specified in Appendix II issued together with Decree No. 65/2023/ND-CP).
- The original of the trademark registration certificate ((if the extension is requested to be recorded in the protection title);
- Power of attorney to carry out the procedure for the individual or organization (if the request is submitted through a representative).
- A copy of the receipt of fees and charges (in case of submission via postal service or directly to the account of the state management agency in charge of industrial property).
The process is implemented according to Article 31 of Decree No. 65/2023/ND-CP:
Step 1: Submit the renewal request to the INTELLECTUAL PROPERTY OFFICE OF VIETNAM (IPOVN)
Step 2: The IPOVN shall examine the request for validity renewal within 01 month from the date of receipt of the request.
Step 3: Make a decision to renew or refuse to renew.
- In case the request is considered valid:
- Issue a decision on renewal of the protection title, record it in the protection title (if requested), register and publish it in the Industrial Property Official Gazette within 02 months from the date of issuance of the decision.
- If the request is made to record the decision on extension of the protection title, the owner must carry out the procedures for amending the protection title and pay charges and fees as prescribed.
- In case the dossier is invalid:
- Issue a notice of intention to refuse the extension, clearly state the reason and set a time limit of 02 months for the requester to correct the shortcomings or have objections.
If the correction is not corrected or the response is invalid, the IPOVN will issue a decision on its rejection of the request for protection title renewal.
- Comply with the deadline: Submit the dossier before the deadline to avoid arising risks.
- Check the documents carefully: Make sure the information in the documents is accurate and complete before submitting.
- Regulatory updates: Stay up-to-date with regulatory changes to ensure compliance.
If you have any questions about patent registration, please contact A Dong IP for the most detailed and complete advice. Using the services of industrial property representative organizations such as A Dong IP can help businesses protect intellectual property rights more effectively and professionally.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
