What is Time Limit of Trademark Protection Extension in Vietnam?

In Vietnam, the time limit for trademark protection extension in Vietnam is essential for maintaining and safeguarding the exclusivity and legal rights associated with a registered trademark.

The Importance of Time Limit for Trademark Protection Extension in Vietnam?

1.Safeguarding Brand Identity

For businesses, the trademark is often the most valuable intellectual property asset. Extending trademark protection ensures that the brand identity, reputation, and goodwill built over the years remain legally protected.

2.Preventing Unauthorized Use

An extended trademark protection period helps prevent others from using a similar or identical trademark without authorization. This is crucial for maintaining brand exclusivity and preventing consumer confusion.

3.Legal Recourse

With an extended trademark, owners have a stronger legal basis for taking action against infringers. It allows trademark owners to pursue legal remedies such as injunctions, damages, and the seizure of counterfeit goods.

4.Preserving Market Share

By protecting the trademark, businesses can maintain their market share and prevent competitors from diluting their brand equity.

5.Licensing and Franchising Opportunities

Trademark owners often enter into licensing and franchising agreements. Having a well-protected trademark enhances the value of these agreements and helps ensure that licensees or franchisees maintain the brand’s integrity.

6.International Expansion

If a business plans to expand internationally or engage in cross-border trade, a registered and extended trademark provides protection against infringement in foreign markets.

7.Investment and Valuation

Extended trademark protection enhances the overall value of a business. When seeking investors, partners, or during mergers and acquisitions, a strong trademark portfolio is seen as an asset.

8.Consumer Trust

Consumers tend to trust brands with recognized and protected trademarks. An extended protection period ensures that consumers can continue to rely on the consistency and quality associated with a specific brand.

9.Deterrent Effect

An extended trademark protection period can act as a deterrent, dissuading potential infringers from attempting to use a similar trademark. They are more likely to respect established trademarks with proven legal protection.

10.Avoiding Re-Registration Costs

Allowing a trademark to lapse due to failure to extend protection can be costly. Re-registering a trademark may require additional fees and could potentially result in the loss of rights to others who have registered similar trademarks during the lapse.

11.Long-Term Planning

Extending trademark protection aligns with long-term business planning. Businesses often make substantial investments in marketing, advertising, and brand development. Ensuring continued trademark protection is an integral part of this planning.

In summary, the time limit for trademark protection extension in Vietnam is critical for preserving brand identity, legal rights, and the market position of a business. Failing to extend protection can result in the loss of exclusivity and potentially costly legal battles to reclaim trademark rights. Therefore, trademark owners should proactively monitor their trademark expiration dates and file for extensions in a timely manner to secure long-term brand protection.

Procedure of Trademark Protection Extension in Vietnam

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.

Time Limit of Trademark Renewal in Vietnam

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.

Documents of Trademark Protection Extension in Vietnam

• Application form (as template);
• Original Mark Certificate (if any);
• Power of Attorney (POA);
• Payment voucher.

About ANT Lawyers, IP agent in Vietnam

IP Attorney at ANT Lawyers, a licensed IP agent in Vietnam shall be providing the advice to client to help the clients evaluate and file Trademark renewal in Vietnam and other IP related services.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.