When applicants of invention or mark are granted patent or trademark certificate, they are obliged to use these subjects. The reason for this provision which is, the owner may not use patents or trademarks in practical causing difficulties for the person who would like to use the patent and trademark in reality but cannot register as others has already registered.

According to Article 136 Vietnam Law on intellectual property clearly regulated on obligations of owner in using patent and trademark.

Firstly, to patent, the owner is be obliged to manufacture protected products or apply protected processes to satisfy the requirements of national defence and security, disease prevention, and treatment and nutrition of the people or to meet other social urgent needs. When the needs stipulated in this clause arise but an invention owner fails to perform such obligation, the competent State body may license such invention to others without permission from the invention owner in accordance with the law.

Secondly, to trademark, trademark holder is obliged to use trademark continuously. Trademark used under a trademark use agreement by a transferee is also considered as an act of using the holder’s trademark. In case the trademark is not used continuously for five years or more, the Trademark Certificate of Registration shall be invalid.

Specifically, if the trademark holder or the person who is allowed to use the trademark do not use the trademark within continuous five years before the date of request to terminate the validity without reasonable reason, except the using starts or restarts at least 03 months up to date of having the termination of validity request.

If the client needs help with handling such complaint, our intellectual property attorney at ANT Lawyers will be of help.

How ANT Lawyers Could Help Your Business?

You could learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529

ANT Lawyers

Recent Posts

7 Bold Reasons Why Tokenization in Vietnam Could Transform Your Future

Change is coming. Quietly. Digitally. Rapidly. Let’s imagine the situation, which assets are no longer…

4 days ago

Vietnam P2P Lending: 5 Bold Reasons Why Decree 94/2025 Could Empower Millions or Backfire?

A New Financial Chapter Begins in Vietnam One person lends. Another borrows. It’s that simple.…

6 days ago

5 Essential Lessons from Risk Management in Digital Assets in Vietnam: Protecting Trust in a Digital World

Trust Is the Real Currency Money can be lost. Tokens can vanish. Platforms can crash.…

1 week ago

5 Powerful Reasons Why Vietnam Digital Asset Sandbox Is a Bold and Hopeful Move for Innovation

Change is fast. Rules are slow. But innovation can’t wait. As digital assets grow, so…

3 weeks ago

4 Critical Steps to Effectively Terminate The Employment Contracts with Confidence and Compassion

To terminate the employment contracts can be a complex and often sensitive process, especially when…

4 weeks ago

8 Insights from a Due Diligence Attorneys in Vietnam for Successful M&A Deals

Navigating the complex landscape of mergers and acquisitions (M&A) in Vietnam can be a daunting…

4 weeks ago