In the broadcast business and law on the Voice of Vietnam (VOV), Lawyer Nguyen Thanh Ha, the law firm S & B (S & B Law) will answer audiences for extending trademark protection certificates. We are pleased to send you the content of the interview
Audience: My Company has been granted trademark protection for 10 years already. Now we want to continue to use this trademark and implement procedures to extend the certificate of protection of Intellectual Property Department. What do the procedures we must do?
We have to exceed the time limit of protection degree expires two months, so is there a penalty?
Lawyer Nguyen Thanh Ha: Certificate of trademark registration takes effect from the date of issuance to the end of tenth year from the filing date; it can be extended repeatedly, every ten years.
When expired, the owner of trademark application needs to execute filing procedures extending the certificate of registration of the trademark.
- Trademark extension procedures
Under the provisions of point c paragraph 20.4 of Article 20 Circular 01/2007/TT-BKHCN, applications for extension of validity of the certificate of registration of the trademark consists of the following resources:
The declaration require the validity of protection titles, made according to 02-GHVB form specified in Appendix C of the Circular 01/2007/TT-BKHCN; Original Certificate of Registration of Trademarks (the case of written requests received an extension on the certificate of registration of the trademark); attorney (if filed through a representative); receipt extension fee, announced its decision to extend and registered the extending decisions certificate of trademark registration in accordance with the law”.
You prepare the full paper at the above submitted to Department of Intellectual Property. Intellectual Property Department will receive the file and process an extension application prescribed in point d, Clause 20.4 of Circular 01/2007/TT-BKHCN Article 20 as follows:
“Intellectual Property Department considers an application for extension within 01 months from the date of receipt. If an application is not flawed, the Intellectual Property Department decision to extend, credited to the degree of protection, registration and publication in the Official Gazette of Industrial Property.
Intellectual Property Department intends to issue a notice of refusal, stating the reason and fix a time limit of 01 months from the date of notification for a person requesting repairs deficiencies or objections, if single extension requests in one of the following cases:
Request for extension is invalid or incorrect submitted prescribed procedures, a person requesting extension is not the degree of protection.
If the fixed term, a person requesting does not correct errors or omissions repair unsatisfactory, no objections or objections are not relevant to the Intellectual Property Office announced from deny extension “.
- Filing extension exceed the time limit 2 months:
As stipulated in point c, Article 20, Clause 20.4 of Circular 01/2007/TT-BKHCN: “To extend the validity of the certificate of registration of the trademark, within 06 months before the date of the certificate of trademark registration expires force, the certificate owner must be submitted trademark applications for extension of the Intellectual Property Department.
An application for extension may be filed later than the time prescribed above but shall not exceed 06 months from the date the certificate of trademark registration expired and all certificates trademark registration extension owner must pay extension fee payable plus 10% of the extension fee for late submitted every month. ”
So, the company you submitted late 2 months, in addition to paying extension fee, you will have to pay the company an additional 10% extension fee for late submitted each month.
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