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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