Renewal of trademark in Vietnam – How to renew Vietnam trademark

Renewal of trademark in Vietnam is a critical process for maintaining continuous protection of your brand’s identity. This guide provides detailed steps and essential information on how to renew a Vietnam trademark, ensuring that your intellectual property remains protected and enforceable.

Why is the Renewal of Trademark in Vietnam Important?

The renewal of trademark in Vietnam is necessary to extend the legal protection of your trademark beyond its initial validity period. Without renewal, your trademark registration will expire, leaving your brand vulnerable to infringement and legal disputes. It takes very long time to register trademark in Vietnam and the trademark holder should extend before the expire date.

When to Renew a Trademark in Vietnam

A trademark in Vietnam is initially valid for ten years from the filing date. To maintain the protection, the renewal process should be completed within six months before the expiration date. However, if you miss this window, there is a six-month grace period after the expiration date, during which you can still renew the trademark by paying a late renewal fee.

How to renew Vietnam trademark?

1. Prepare the Necessary Documents

To renew Vietnam trademark, you need to prepare the following documents:

• A written request for trademark renewal.
• The original Trademark Registration Certificate.
• Power of attorney, if you are using an agent to handle the renewal process.
• Proof of payment of the renewal fee.

2. Submit the Renewal Application of Trademark in Vietnam

The renewal application for a trademark in Vietnam should be submitted to the National IP Office of Vietnam. Ensure that all required documents are complete and accurately filled out to avoid delays in the process.

3. Pay the Renewal Fee Of Vietnam Trademark

Payment of the Vietnam trademark renewal fee is a crucial part of the renewal of trademark in Vietnam. The fee varies depending on the number of classes of goods or services covered by the trademark. Late renewals incur an additional late fee.

4. Examination by NOIP

Once the renewal application and fee payment are submitted, the NOIP will examine the application to ensure compliance with legal requirements. If everything is in order, the NOIP will process the renewal and update the trademark registration accordingly. The time of examination of trademark renewal is shorter than that of Vietnam trademark application (You can check how to file trademark in Vietnam here or Procedure of Vietnam trademark registration here).

5. Receive the Renewal Certificate of Vietnam Trademark

After the successful examination, the NOIP will issue a renewal certificate, confirming the extended validity of your trademark for another ten years. Keep this certificate safe as it is proof of your trademark’s renewed protection.

Tips for a Smooth Renewal of Trademark in Vietnam

1. Start Early: Begin the renewal process well in advance of the expiration date to avoid last-minute issues.
2. Accurate Documentation: Ensure all documents are correctly prepared and submitted to prevent delays.
3. Use a Professional Agent: Consider using a professional trademark agent to handle the renewal process, especially if you are unfamiliar with the legal procedure of trademark application in Vietnam.
4. Monitor Deadlines: Keep track of all important deadlines related to the renewal of trademark in Vietnam to ensure timely renewal.

Consequences of Failing to Renew Trademark certificate in Vietnam

Failing to renew trademark in Vietnam results in the expiration of the trademark registration, forcing the holder to reset the process of registering trademark in Vietnam again. This means losing the exclusive rights to use the trademark, which can lead to unauthorized use by others and potential damage to your brand’s reputation and market position.

Conclusion

The Vietnam trademark renewal is an essential process for any business looking to maintain the protection of its intellectual property. By understanding the steps involved and ensuring timely and accurate submissions, businesses can safeguard their trademarks and continue to benefit from the legal protections they provide. Start the renewal process early, prepare all necessary documents, and consider professional assistance to ensure a smooth and successful trademark renewal in Vietnam.

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