Renewal and Maintenance

• TRADEMARK RENEWAL

  1. Protection terms

  Trademark Certificate shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date. The validity of a certificate of registered mark may be extended many times for a period of ten years each for all or part of the list of goods and services in a mark registration.

  2. Renewal time

  To have the validity of his/her trademark protection title renewed, a trademark holder shall file a request for renewal of trademark validity and pay a validity renewal fee within six months before the expiration of the validity term.

  The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the trademark holder shall pay the delayed renewal fee for each month of delayed payment.

  3. Required documents:

  • One original Power of Attorney
  • Original Certificate of Trademark Registration, if the owner wishes to record the renewal on the Certificate

  4. Time limit

  IPVN shall examine the request for validity renewal within 01 month from the date of receipt of the request.

  5. Result

  If the request is considered valid, the IPVN shall issue a decision on renewal of the trademark, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall issue a decision on its rejection of the request for trademark renewal.

  Return (if any) the Certificate that have been recorded for renewal to the owner.

• PATENT MAINTENANCE

  1. Protection term

  Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date/ the international filing date. Invention patent’s validity should be maintained annually.

  Utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date. Utility solution patent’s validity should be maintained annually.

  2. Renewal time

  To have the validity of his/her invention patent maintained, a patent holder shall file a request for maintenance of invention’s validity and pay a validity maintenance fee within six months before the expiration of the validity term.

  The payment of the validity maintenance fee may be delayed for no more than six months after the expiration of the current validity term but the patent holder shall pay the delayed maintenance fee for each month of delayed payment.

  3. Required document

  One original Power of Attorney

  4. Time limit

   IPVN shall examine the request for validity maintenance within 01 month from the date of receipt of the request.

  5. Result

  If the request is valid, IPVN shall record it in the National Register of Industrial Property, issue a notice on the validity maintenance of the patent, and publish it in the Industrial Property Gazette.

  If the request is error or invalid, IPVN shall issue a notice of that and fix a time limit to correct the errors or make oppositions. If the requester fails to correct the errors or unsatisfactorily correct the errors or make no opposition or make unsatisfactory the oppositions within the said time limit, IPVN issues the decision on refusal of the validity maintain of patent.
• DESIGN RENEWAL

  1. Protection term

  Industrial design patents shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years.

  Request for renewal of one or several industrial design variations stated in the industrial design patent must include a basic variation.

  2. Renewal time

  To have the validity of his/ her industrial design patent renewed, a design holder shall file a request for renewal of design’s validity and pay a validity renewal fee within six months before the expiration of the validity term.

  The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the design holder shall pay the delayed renewal fee for each month of delayed payment.

  3. Required documents

  • One original Power of Attorney
  • Original Certificate of Trademark Registration, if the owner wishes to record the renewal on the Certificate

  4.  Time limit:

  IPVN shall examine the request for validity renewal within 01 month from the date of receipt of the request.

  5. Result

  If the request is considered valid, the IPVN shall issue a decision on renewal of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title renewal.

  Return (if any) the Design Patent to the owner.