Cancellation
Against of Trademark in Vietnam
It typically takes a significant amount of time and effort on
the part of your business to win customers' confidence in your products and
trademark. However, if there is another trademark for the same goods that is
identical to yours, it will likely cause customers to make mistakes or become
confused, resulting in a number of negative effects for your business,
including a decrease in sales, a loss of reputation, and the ability to
distinguish yourself.
In fact, after partnering with domestic businesses to distribute
or sell goods, many international businesses discover that their trademarks are
stolen by partners who register their trademarks for intellectual property
protection in national offices. It is simple for trademark thieves to steal
trademarks because each nation protects trademarks differently.
You should ask the Vietnam Intellectual Property Authority to
cancel the trademark that was used in violation of your rights and benefits.
ANT Lawyers would like to assist you in canceling against a trademark in
Vietnam in the following ways because they have excellent IP experience in
Vietnam and a highly professional staff.
Cancellation against of trademark in Vietnam
A certificate of trademark registration may be revoked entirely
or partially at the request of a third party in accordance with Article 96 of
the IP Law of Vietnam.
In the specified circumstances, the applicant may submit a
written request to the National Office of Intellectual Property (NOIP) to
cancel protection titles subject to payment of fees and charges.
Period for filling cancellation request
To request cancellation against of
trademark in Vietnam 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 against of trademark in
Vietnam 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 against of trademark
in Vietnam
Any third party may request that a certificate of trademark
registration be revoked entirely or partially in the following circumstances:
The registration applicant does not possess the right to
register an invention, industrial design, layout-design, or mark, nor has this
right been granted to them;
At the time the protection title is granted, the subject matter
of industrial property does not meet the protection conditions.
Required documents
Proofs (if any);
Power of attorney;
Written justification of the request, including relevant
documents and clearly stating the protection title's serial number, reason, and
contents for terminating or canceling a portion or the entire protection title.
Time and procedures for cancellation against
of trademark in Vietnam
In the event that a third party makes a request to have
their trademark protection title revoked, the NOIP is required to
provide the protection title holder with written notice of the third party's
opinions and set a response deadline of two months from the date of
notification.
The NOIP must decide whether to cancel all or a portion of the
protection title or notify the parties of its refusal to cancel the trademark
protection title after taking the opinions of the parties into consideration.
The requester or a party involved may file a complaint regarding
the decision or the relevant notice if they disagree with the NOIP's handling
of the request for cancellation of the trademark protection title
Within two months of its signing, a decision to cancel a
trademark protection title must be published in the Industrial Property
Official Gazette and added to the National Register of Industrial Property.
ANT Lawyers - IP Services in Vietnam firm that regularly informs clients of
legal developments pertaining to trademarks by following up with authorities.
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