Time Limit of Trademark Protection Extension
As regulation of law on intellectual property, the mark, trademark or service mark,
is one of protected subjects of industrial property right. However, to be
protected by law, the owner of mark shall apply protection registration dossier
to competent authority prior. When the owner registers and is granted a
certificate of registered mark, the owner shall have the exclusive right to
label the product, service or both, right to allow others to use the mark
throughout mark license contracts, right to assign the mark ownership and right
to prevent breaching action from any third party.
However, a certificate of registered mark shall be valid from the grant date
until the end of ten (10) years after the filing date. When the validity
terminates, in order to continue being the owner of mark, the owner of
Certificate shall implement the procedure of extending the protection validity
of the certificate. It is important that the owner has to be aware of the time
to apply dossier for a certificate extension in accordance with the law.
As
regulation of law, time limit of extending mark certificate is prior or after
six (06) months from the expiration date of mark certificate. If the extension
is applied prior 06 months since the expiration date, the owner shall pay
extension fee. If the extension is applied after 06 months since the expiration
date, the owner shall pay extension fee and fine for late payment as month.
Procedure of extending mark certificate:
- Application
form (as template);
- Original
Mark Certificate (if any);
- Power of Attorney (POA);
- Payment voucher.
With highly professional staff and great
experience in IP aspect in Vietnam, ANT Lawyers would like to support you in
extending your trademark or service mark or both in Vietnam.
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