1. The invalidation case
In Vietnam, the validity of a protection title shall be terminated in the following cases:
– Its owner fails to pay the validity maintenance or prolongation fee as prescribed;
– Its owner declares to relinquish the industrial property rights;
– Its owner no longer exists or the owner of a certificate of registered mark is no longer engaged in business activities without any lawful heir;
– The mark has not been used by its owner or his/her licensee without justifiable reasons for 5 consecutive years prior to a request for termination of validity, except where the use is commenced or resumed at least 3 months before the request for termination;
– The owner of a certificate of registered collective mark fails to supervise or ineffectively supervises the implementation of the regulation on use of collective marks;
– The owner of a certificate of registered certification mark violates the regulation on use of certification marks or fails to supervise or ineffectively supervises the implementation of such regulation;
– The geographical conditions decisive to reputation, quality or special characteristics of products bearing a geographical indication have changed resulting in the loss of such reputation, quality or characteristics of products.
Organizations and individuals shall have the right to request the state management agency in charge of industrial property rights (the National Office of Intellectual Property of Viet Nam – NOIP) to invalidation the validity of protection titles in some cases provided that they have paid fees and charges.
2. Reqired documents
A written request may invoke the same reason for invalidation of one or more than one protection titles, if the requester pays the prescribed fee for each protection title.
A written request for invalidation of a protection title comprises the following documents:
– Written declaration to request termination or invalidation of the protection title, made according to a set form
– 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 invalidation of part of or the entire protection title) and relevant documents
– Receipts of the prescribed fees and charges.
3. Time and procedures
In case a request for invalidation of a 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 protection title holder to respond. The NOIP may organize an exchange of opinions between the third party and the protection title holder.
After considering opinions of the parties, the NOIP shall issue a decision on invalidation of part of/the entire protection title or notify its refusal to invalidate the protection title according to the provisions of Law.
If disagreeing with the NOIP’s decision on handling of the request for termination or invalidation of the protection title, the requester or an involved party may lodge a complaint about that decision or the relevant notice according to the procedures specified at Law.
A decision on termination or invalidation of a 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.
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