Trademark registration certificate in vietnam

After carrying out registration procedures, if the mark meets the protection conditions, the Applicant will be granted the Trademark Registration Certificate. This is an important legal basis for the Owner to exploit and protect his/her rights to the trademark. Following this, NP Law would like to...

Definition and contents of a trademark registration certificate

Trademark registration certificate is a protection title granted by the National Office of Intellectual Property to organizations and individuals in order to establish industrial property rights to the mark.

The following contents

Number of trademark registration certificates;
Name and address of the owner of the trademark registration certificate;
Number of applications, filing date;
Number and date of issuance of the trademark registration certificate;
Validity of the trademark registration certificate;
A form of trademark, the color of the mark, type of mark;
The list of products and services bearing the mark;
Information on renewal or modification of trademark registration certificates (if any).

Time validity of trademark registration certificate

The trademark registration certificate is valid from the date of issue to the end of 10 (ten) years from the filing date, which can be renewed several times in a row, each time for 10 (ten) years.

In order to extend the validity of the trademark registration certificate, within 06 (six) months before the expiration of the trademark registration certificate, the owner of the trademark registration certificate must submit to the National Office of Intellectual Property a petition for renewal and the appraisal fee for renewal request , validity renewal fee of trademark registration certificate, fee for use of trademark registration certificate, registration fee and fee for announcing the decision on extension of validity of trademark registration certificate.

A petition for extension may be filed later than the above–mentioned time limit but must not exceed 06 (six) months from the date the trademark registration certificate expires and the owner of the trademark registration certificate must pay an additional 10% of the late–term extension fee for each late filing month.

Territorial validity

The certificate of trademark registration is valid throughout the territory of Vietnam.

How do I register an international trademark?

Deputies of trademark registration certificates

Where the trademark is generally owned, the trademark registration certificate will only be issued to the first person on the list of general applicants. Other joint owners may request the National Office of Intellectual Property to grant a copy of the trademark registration certificate provided that the license service fee is paid.

The contents of the trademark registration certificate fully show the information of the corresponding trademark registration certificate and enclose the phrase "Deputy".

Re – grant or copies

In case the trademark registration certificate/ deputy of the trademark registration certificate is lost or damaged, torn, dirty, faded to the point of being usable, disassembled, and unable to keep the seal, the trademark owner may request the National Office of Intellectual Property to re – issue the trademark registration certificate/ deputy of the trademark registration certificate provided that the corresponding service fee must be paid.

The contents of the re – grant of the trademark registration certificate/ deputy of the trademark registration certificate fully show the information of the first – issued mark registration certificate/ deputy of the first – issued mark registration certificate and enclosed with the phrase "Re – grant".

Amendment of trademark registration certificate

A trademark registration certificate is amended in the following cases:

The owner requests the change of the following information

Change in name and address of the owner of the Trademark Registration Certificate (The owner of the trademark registration certificate does not change);
Change of owner of trademark registration certificate (transfer of ownership due to inheritance, inheritance, merger, division, separation, merger, joint venture, joint venture, establishment of new legal person of the same owner, transformation of business form or by decision of court or other competent agency);
Amendments to the Regulation on use of collective mark, Regulation on use of certification mark (for collective mark or certification mark).

The owner requests the narrowing of the protection scope

Request for amendment of some minor details but does not significantly change the trademark form inscribed in the trademark registration certificate;
Request to reduce one or more goods, services or groups of goods and services on the list of goods and services listed in the Certificate of trademark registration without changing the trademark form.

Correction of deficiencies in the Certificate

In case of detecting deficiencies in the certificate of trademark registration, the National Office of Intellectual Property of Vietnam on its own or at the request of the person who discovers the omission revokes the certificate of trademark registration with omissions and grants the new mark registration certificate.

Termination of trademark registration certificate

Terminated in the following cases:

The owner of the trademark registration certificate does not pay the validity extension fee as prescribed;
The owner of the trademark registration certificate declares the res off of ownership of the mark;
The owner of the trademark registration certificate no longer operates without a legal successor;
The mark is not permitted to be used by the owner or the owner for a period of 05 (five) consecutive years before the date of the request for termination without good reason, except where the use is started or restarted at least 03 (three) months before the date of the request for termination;
The owner of the certificate of trademark registration for the collective mark does not control or effectively control the implementation of the regulation on the use of the collective mark;
The owner of the certificate of trademark registration for the certification mark violates the regulations on the use of the certification mark or does not control or effectively control the implementation of the regulation on the use of certification marks.

Consequences of the termination

At the time the trademark registration certificate is terminated, the owner's rights to the mark are no longer protected by the State. However, the trademark owner still has the right to initiate lawsuits against acts of infringement of rights to the mark occurring during the validity of the trademark registration certificate even though at the time of initiation of the lawsuit, the rights to the mark are no longer protected.

Rescind the trademark registration certificate

Completely void in the following cases:

The applicant has no right to register and is not entitled to transfer the registration right to the mark;
Trademarks do not meet the protection conditions at the time of issuance of the Trademark Registration Certificate.

The trademark registration certificate is voided in part in case such part does not meet the protection conditions.

The person who has the right to request the invalidity of the trademark registration certificate: Any organization or individual provided that charges are paid.

The timeline for requesting the validity of a trademark registration certificate is 05 (five) years from the date of issuance of the mark registration certificate unless the mark registration certificate is issued due to the applicant's ina truth.

Consequences of rescinding the trademark registration certificate: The trademark registration certificate is not valid from the date of issue.

Above are NP Law's sharing of contents related to the trademark registration certificate. For the best advice and support of procedures related to registration and protection of intellectual property rights, please contact NP Law.