FAQs

1. The following documents must be notarized in trademark cancellation proceedings in Vietnam, regardless of the grounds for trademark cancellation: Any supporting evidence or material under the administrative procedure.

The following documents must be legalized in cancellation a trademark in Vietnam, regardless of the grounds for trademark cancellation: Any supporting evidence or material under the trial procedure.

2. The documentation that must be submitted and the procedures necessary to initiate cancellation proceedings vary, depending on the grounds for trademark cancellation in Vietnam.

The documentation and procedures to initiate trademark cancellation proceedings in Vietnam based on absolute grounds are as follows:

 Trademark cancellation request stating (i) the particulars of the trademark in cancellation request e.g. Reg. No. Reg. date, (ii) legal ground(s) for cancellation, (iii) arguments;
 Evidence proving for the legal ground(s) for cancellation;
 Power of Attorney, if necessary;
 Fees filing receipt for cancellation request a trademark in Vietnam.

– The documentation d procedures to initiate trademark cancellation proceedings in Vietnam based on relative grounds are as follows:

 Trademark cancellation request stating (i) the particulars of the trademark in cancellation request e.g. Reg. No. Reg. date, (ii) legal ground(s) for cancellation, (iii) arguments;
 Evidence proving for the legal ground(s) for cancellation;
 Power of Attorney, if necessary;
 Fees filing receipt for cancellation request a trademark in Vietnam.

– The documentation and procedures to initiate trademark cancellation proceedings in Vietnam on non-use grounds are as follows:

 Trademark cancellation request stating (i) the particulars of the trademark in cancellation request e.g. Reg. No. Reg. date, (ii) legal ground(s) for cancellation, (iii) arguments;
 Evidence proving for the legal ground(s) for cancellation;
 Power of Attorney, if necessary;
 Fees filing receipt for cancellation request a trademark in Vietnam;
 Initial evidence of non-use conducted by a Recognized Authority.

– The documentation and procedures to initiate trademark cancellation proceedings in Vietnam based on grounds other than absolute, relative or non-use grounds are as follows:

1. Trademark cancellation request stating (i) the particulars of the trademark in cancellation request 9. g. Reg. No. Reg. date, (ii) legal ground(s) for cancellation, (iii) arguments;
2. Evidence proving for the legal ground(s) for cancellation;
3. Power of Attorney, if necessary;
4. Fees filing receipt for cancellation request a trademark in Vietnam.

In Vietnam IP regulation, the average duration of cancellation proceedings a trademark in Vietnam is around 6-9 months from the filing date of trademark cancellation request. However, in fact, it is flexible, around 1-6 years depending on the complexity of each case.

After final arguments have been made and/or oral hearings have taken place, a decision will be rendered within the following time frame: There is no regulation for this matter.

Yes. Partial cancellation of a trademark registration in Vietnam is possible, regardless of the grounds for trademark cancellation.

For single-class registrations and for multi-class trademark registration in Vietnam, it is possible to apply for trademark cancellation of some of the goods either within the single class or within a given class, as appropriate, without applying for cancellation of all of the goods within the class.

The deadline for bringing cancellation proceedings varies, depending on the grounds for cancellation a trademark in Vietnam.

– For proceedings based on absolute grounds, the deadline is: on the last date of the first period of five years from the date of granting the certificate of trademark registration in Vietnam.
– For proceedings based on relative grounds, the deadline is: on the last date of the first period of five years from the date of granting the certificate of trademark registration in Vietnam, except for bad faith grounds.
– For cancellation a trademark in Vietnam based on non-use grounds, the deadline is: None
– For cancellation a trademark in Vietnam based on grounds other than absolute, relative or non-use grounds, the deadline is: None

No. Cancellation proceedings a trademark in Vietnam that are independent of trademark opposition proceedings may never be commenced before a mark is registered.