Nowadays, there are a lot of registered trademarks which are granted protection title (often called as the Registered Trademark Certificate). However, for some reasons, trademark owners do not use their trademark. This is a popular situation, especially for international trademark registration with is valid in Vietnam. This could badly effect on other entities, who wish to register identical or similar trademark for business development in Vietnam. Is there any way to solve this problem and chance for others to register and use trademark effectively?
The answer is yes! According to Article 95 of the Law on Intellectual Property, one of the grounds to terminate the protection title of trademark is: “The mark has not been used by its owner or the licensee of the owner without justifiable reason for five (5) consecutive years prior to a request for termination of validity, except where use is commenced or resumed at least three (3) months before the request for termination”.
What are the procedures to register protected trademark but not being used for a long time? ICTLAW is an experienced law firm can help clients in collecting evidences, documents to prove which trademark has not been used for 5 consecutive years and above and represent for clients to require termination of protection title at the National Office of Intellectual Property of Vietnam. Some information about termination of trademark protection title clients need to know:
Proving that trademark has not been used for 5 consecutive years:
ICTLAW will represent for clients to conduct trademark investigation to prove that required to be terminated trademark has not been used in Vietnam for 5 consecutive years.
Authorized body: Vietnam Industry and Trade Information Center – Ministry of Industry and Trade.
Investigation duration: 7 – 10 working days.
Procedures of requiring termination of trademark protection title at the National Office of Intellectual Property of Vietnam:
Viet An Law Firm is an organization acting as a representative of intellectual property rights. By being authorized with a power of attorney from clients, ICTLAW will represent for clients to collect documents, prepare and submit dossiers and answer the National Office of Intellectual Property.
A dossier for requiring termination of trademark protected title includes:
- Declaration form (02 sample forms);
- Power of attorney (ICTLAW’s form);
- Explanation for requirement;
- Fees and charges documents.
Submit dossier at: the National Office of Intellectual Property
Terminate trademark protection title services of ICTLAW:
- Consult about conditions to terminate trademark protection title;
- Consult and check information of trademark usage in Vietnam;
- Consult and prepare documents for checking information of trademark usage in Vietnam;
- Consult and prepare documents and answer the National Office of Intellectual Property about termination of trademark protection title;
- Represent for clients to work with state-authorized bodies in the process of checking trademark usage and termination of trademark protection title;
- Report to clients on the rate of process and consult about next steps for clients;
- Consult about legal problems and intellectual property after these procedures.