A Registered Trademark shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date.
The validity of a certificate of registered mark may be extended many times for a period of ten years each for all or part of the list of goods and services in a mark registration.
To have the validity of his/her trademark protection title renewed, a protection title holder shall file a request for renewal of protection titles’ validity and pay a validity renewal fee within six months before the expiration of the validity term. The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed renewal fee for each month of delayed payment.
- A request for renewal of protection titles’ validity includes:
+ Declaration requesting renewal of protection titles’ validity (according to form 02-GH/DTVB Appendix C of Circular No. 01/2007/ TT-BKHCN);
+ Original protection title (if the extension is requested to be recorded in the protection title);
+ Power of attorney (in case the request is filed through a representative);
+ A copy of the receipt of fees and charges as prescribed;
+ Other documents (if necessary).
- The time limit: IPVN shall examine the request for validity renewal within 01 month from the date of receipt of the request.
- Result: If the request is considered valid, the IPVN shall issue a decision on renewal of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall issue a decision on its rejection of the request for protection title renewal.
Return (if any) the certificate that have been recorded for renewal to the owner.
- Fees and charges:
+ Official charge for renewal of protection titles
+ Official charge for delayed renewal: renewal fee plus 10% for each month of delayed payment;
+ Fee for examinationrequest for renewal of protection titles
+ Fee for protection title usage
+ Fee for publication of decision of renewal of protection titles
+ Fee for recording decision of renewal or change of holders of protection titles into the National Register of Industrial Property