Trademark is the
priceless asset with your company because of being used to distinguish goods or
services of different organizations or individuals.
It usually takes a long
time and attempts for your company to gain the trust and belief from customers
on your goods and trademark. However, if there is any other same trademark of
the same goods like yours, it will easily make customer mistake or confuse and
lead many damages to your company such as distinguishing capacity, losing
reputation and sale decline.
In fact, many
international companies after co-operating with domestic companies to
distribute or sell good, find that co-operators steal their trademark by
registered trademark protection in National offices intellectual property.
Because trademark is protected independently in each nation, it is easy for
violators to do steal trademarks.
To protect your rights
and benefits, you should request Vietnam IP authority to cancel violated
trademark. With highly professional staff and great experience in IP aspect in
Vietnam, ANT Lawyers would like to support you in cancelling against of trademark
in Vietnam as follows:
Cancellation against of
trademark in Vietnam
Under the Article 96 of
the Law on Intellectual
Property of Vietnam (IP Law), a
certificate of trademark registration may be cancelled wholly or partly, by any
third party’s request.
The applicant may
request to the National Office of Intellectual Property (NOIP) in written form
to cancel protection titles in the cases specified provided that they pay fees
and charges.
Period for filling
cancellation request
To request cancellation
of a trademark due to the Applicant’s bad faith: the period for lodging such a
request is the whole term of a Protection Title.
To request cancellation
of a trademark due to other legal reasons: the period for lodging such a request
is within 5 years as from the granting date.
The case for
cancellation
A certificate of trademark
registration may be cancelled
wholly or partly, by any third party’s request, in the following cases:
The registration
applicant has neither had nor been assigned the right to register an invention,
industrial design, layout-design or mark;
The subject matter of
industrial property fails to satisfy the protection conditions at the time the
protection title is granted.
Required documents
Proofs (if any);
Power of attorney;
Written justification of
the reason for request (clearly stating the serial number of the protection
title, reason, legal grounds, contents of the request for termination or
Cancellation of part of or the entire protection title) and relevant documents.
Time and procedures
In case a request for
cancellation of trademark
protection title is made by a
third party, the NOIP shall notify in writing the third party’s opinions to the
protection title holder, setting a time limit of two months from the date of
notification for the trademark protection title holder to respond.
After considering
opinions of the parties, the NOIP shall issue a decision on cancellation of
part of the entire protection title or notify its refusal to cancellation the
trademark protection title.
If disagreeing with the
NOIP’s decision on handling of the request for Cancellation of the trademark
protection title, the requester or an involved party may lodge a complaint
about that decision or the relevant notice.
A decision on
cancellation of a trademark protection title shall be published in the
Industrial Property Official Gazette and recorded in the National Register of
Industrial Property within two months from the date of its signing.
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