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In case an error is discovered in the Trademark Registration Certificate, who bears the cost of correcting the error?
According to Clause 6, Article 29 of Decree 65/2023/ND-CP, the protection title owner must pay a fee for appraisal of the request to amend the protection title according to the provisions of Clause 1, Article 97 of the Intellectual Property Law and fees. Publish amended information in cases where the protection title has errors that have been announced if such errors are due to the fault of the protection title owner.; If the defection is due to the fault of the state management agency on industrial property rights, the protection title holder does not have to pay that fee.; Trademark registration is the most important and popular method to establish legal ownership of a trademark. Clients w
What are the state fees for trademark transfer registration?
State fees for registration of transfer of trademark ownership as prescribed in Circular 263/2016/TT-BTC will include the following:
What does a trademark validity renewal dossier include?
According to Clause 2, Article 31 of Decree 65/2023/ND-CP, a dossier of request for renewal of the validity of the Trademark Registration Certificate includes the following documents:; The declaration for renewal of validity shall be made according to Form No. 07 in Appendix II of Decree 65/2023/ND-CP;; The original of the trademark registration certificate (in case the protection title is granted in paper form and there is a request to record the renewal in the protection title);; Power of attorney (in case the request is submitted through a representative);; A copy of the charge and fee payment receipt (in case of payment of charges and fees by postal service or directly into the account o
What is the validity period of a trademark registration certificate?
A trademark registration certificate is valid for 10 years from the filing date and can be renewed for consecutive 10-year periods for the entire or part of the list of goods and services.; To renew the validity of a trademark registration certificate, the holder must file a renewal application within 6 months prior to the expiration date.; Late renewal applications may be filed within a grace period of 6 months from the expiration date, subject to the payment of a late renewal fee.
Where is the submission of the infringement inspection dossier?
Pursuant to Article 119 of Decree No. 65/2023/ND-CP stipulating the implementation of inspection as follows: “Industrial property and plant variety rights inspection can be conducted by one or several appraisers. Industrial property, rights to plant varieties implemented. A personal inspection is an inspection performed by an appraiser. Collective inspection is an inspection performed by two or more appraisers.”; Thus, the person requesting the inspection can send the inspection request to:; Institute of Intellectual Property Science.; Address: No. 21 – Alley 67 – Do Quang Street – Cau Giay District – Hanoi.; Currently, there is only the Institute of Intellectual Property Science under the M
When should the validity of a trademark registration certificate be renewed?
According to Clause 6, Article 93 of the Law on Intellectual Property, the Trademark registration certificate is valid from the date of issuance until the end of ten years from the date of application and can be renewed many consecutive times, each time for ten (10) years.; To be renewed, within 06 months before the expiration date of the protection title, the owner of the trademark protection title must submit an application for renewal to the National Office of Intellectual Property.; The renewal application may be submitted later than the prescribed deadline but not later than 06 months from the date the protection title expires and the protection title holder must pay the renewal fee plu
Do I have to submit a receipt of payment of state fees when submitting a dossier of request for trademark renewal?
Pursuant to Clause 2, Article 31 of Decree 65/2023/ND-CP, the application for extension of validity of the Certificate of Trademark Registration includes the following documents:
If the trademark renewal fee is not submitted, will the protection title be terminated?
Pursuant to Article 95 of the Law on Intellectual Property, if the owner of a protection title does not pay the fees to extend the validity of the trademark as prescribed, the protection title will terminate.; Specifically:; In case the owner of a trademark protection title does not pay the fee to extend the validity within the prescribed period, at the end of that period, the validity of the protection title will automatically terminate from the start date of the next validity period for which the fee to extend the validity has not been paid.; The National Office of Intellectual Property records the termination of the protection title’s validity in the National Register of Industrial Proper
When is the Trademark Registration Certificate terminated?
According to Article 95 of the Law on Intellectual Property, as amended and supplemented in 2009, 2019, and 2022, the Trademark Registration Certificate will be invalidated in whole or in part in the following cases:
