Extension of Trademark Registration Certificates is one of the mandatory procedures to maintain the validity of Trademark Registration Certificates. So what are the legal regulations for extending Trademark Registration Certificates? Please follow the article below to find out.
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I. The current needs for extension of Trademark Registration CertificatesThe registration of trademarks in Vietnam has become a common practice for enterprises entering the manufacturing market. However, to maintain their position in the business market, enterprises need to pay more attention to the extension of Trademark Registration Certificates.
The legal regulations on the extension of Trademark Registration Certificates are as follows:
According to Article 4 of the Intellectual Property Law 2005 (amended and supplemented in 2009, 2019 and 2022), a trademark is a sign used to distinguish the goods and services of different organizations and individuals.
According to Clause 3 of Article 6 of the Intellectual Property Law, the industrial property right to a trademark is established on the basis of decisions to grant a protection certificate by competent state agencies in accordance with the registration procedures prescribed in the Intellectual Property Law or the recognition of international registrations under international treaties to which the Socialist Republic of Vietnam is a member.
The extension of a trademark registration certificate is necessary because a trademark is one of the signs that customers and consumers use to identify a product. Organizations and individuals who build a trademark without registering for protection may face legal risks, such as the trademark being duplicated or other individuals and organizations taking advantage of the trademark to gain unfair profits.
According to Article 94 of the Intellectual Property Law 2005 and Article 20 of Circular 01/2007/TT-BKHCN, the following documents are required for the extension of trademark registration certificates:
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3. Procedures and authorities for the extension of Trademark Registration CertificatesBased on Clause 20.4 of Circular 01/2007/TT-BKHCN, the procedures for extending trademark registration certificates are as follows:
Step 1: Submitting the application for extension
When the trademark protection certificates reach the extension duration as mentioned above, the applicants must submit the application directly or through representative organizations.
Step 2: Examination of the extension application by the Intellectual Property Office
The Intellectual Property Office will review the extension application within 01 month from the date of receiving the application. If the application is complete, the Intellectual Property Office will issue decisions on extension, record it in the protection certificates, register it in the register, and publish it in the Industrial Property Official Gazette.
The Intellectual Property Office will issue notices of preliminary refusal of extension, stating the reasons and setting a duration of 01 month from the date of issuance of notices for the applicants to correct the deficiencies or provide objections, if the extension application falls into one of the following cases:
Step 3: Extension results
If the application is complete after examination, the Intellectual Property Office will confirm the extension period of the trademarks on the original Trademark Registration Certificates submitted by the applicants.
If within the prescribed period, the applicants don’t correct the deficiencies or the corrections don’t meet the requirements, there are no objections or the objections are not valid, the Intellectual Property Office will issue notices of extension refusal.
Pursuant to Clause 20.4 of Circular 01/2007/TT-BKHCN, the duration for extending trademark registration certificates is as follows:
According to Circular 263/2016/TT-BTC, the extension application can be submitted after the duration mentioned above but not later than 06 months from the expiration date of the Trademark Registration Certificates and the owners of the Trademark Registration Certificates have to pay the extension fees plus 10% of the extension fees for each month late.
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2. Will these trademarks be lost if the extension application for Trademark Registration Certificates is expired?According to Clause 6, Article 93 of the Intellectual Property Law 2005 (amended and supplemented in 2009, 2019, 2022), trademark registration certificates are valid for ten years from the filing date and can be extended multiple times consecutively.
To extend the validity of trademark registration certificates, the owners must submit the extension application to the Intellectual Property Office within 06 months before the expiration date of the trademark registration certificates. Filing the extension application for trademark registration certificates will not result in lost trademarks.
However, in practice, for various reasons, people may not pay attention to the duration of protection certificates. This can lead to forgetting to extend the trademark registration certificates after they have expired. If the owners do not extend the trademark registration certificates after the late extension duration, the validity of trademark registration certificates will be terminated. Therefore, it is crucial to extend the trademarks on time. This will prevent the protection certificates from being invalidated.
According to Circular 263/2016/TT-BTC, the following fees are applicable for extending a trademark registration certificate:
The above information covers the main aspects of extending trademark registration certificates. For further assistance and information on the legal regulations on the extension of trademark registration certificates, please contact NPLaw for specific legal advice and support as soon as possible.
CÔNG TY LUẬT TNHH NGỌC PHÚ
Customer service: 19009343
Hotline: 0913 41 99 96
Email: legal@nplaw.vn
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