The procedure for extension of trademark protection title’s validity
1. Legal grounds
- Intellectual Property Law 2005 amended and supplemented 2009 (“IP Law”)
- Circular No.16/2016/TT-BKHCN
- Circular No.263/2016/TT-BTC
2. Time to extend the validity of the protection title
- According to article 93 IP Law, protection title validity is ten years from the date of application.
- Around six months before protection title for the trademark expires, protection title’s owner must submit to The National Office of Intellectual Property (“NOIP”) a request for renewal and request-assessment fee, renewal fee, protection-title-use fee, registration fee and fee for announcing the decision to extend validity of the protection title. Application can be submitted after the time limit but shall not exceed six months from the expiry date protection title.
3. Dossier for renewal of the trademark protection title’s validity
- Number of dossier: 01
- Application form request renewal validity of the protection title pursuant to Form No. 02-GH/DTVB specified in the appendix C of Circular No.16/2016/TT-BKHCN
- Original protection title (Certificate of trademark registration)
- A copy of the fee receipt
- Authorization document (in case of submitting through the representative)
- Renewal fee: 100.000VNĐ (one hundred thousand dong)
4. Processing of the renewal request
- The owner of protection title or the representative submits request to the NOIP.
- Within one month from the date of receipt of the application, the NOIP shall review the request for renewal. In case the application has no shortcoming, the NOIP shall make a decision for renewal of validity, record on the protection title, register in the registry and notice the decision of validity renewal of the protection title on the Industrial Property Gazette within two months from the date of decision.
