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.
Cancellation Against of Trademark
in Vietnam
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.
ANT Lawyers – IP services in Vietnam is
supported by a team of experienced patent, trademark, design attorneys with
qualification and skills handling full range of legal services relating
to intellectual property rights in
Vietnam. We have specialized in the preparation and registration of
patents, trademarks and designs for our clients.
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