Instructions for extending the validity of Trademark Registration Certificate

Extending the validity of Trademark Registration Certificate is a procedure that must be done when the owner of the Trademark Registration Certificate is in a situation where the validity of the Certificate must be extended. This will help the registered trademark as well as the trademark owner receive maximum and continuous protection from the State. The following article will guide you through the steps to extend the validity of the Certificate

Cases where procedures for extending the validity of Trademark Registration Certificate must be carried out

The case where the validity of the Trademark Registration Certificate must be extended is when this Certificate is about to expire, specifically within 06 months before the date the Trademark Registration Certificate expires, the protection title holder must Carry out procedures for extending the validity of Trademark Registration Certificate, according to the provisions of Clause 3, Article 31 of Decree 65/2023/ND-CP.

Process of extending the validity of Trademark Registration Certificate

Prepared documents

Pursuant to Clause 2, Article 31 of Decree 65/2023/ND-CP, the components of the dossier that need to be prepared to extend the validity of the Trademark Registration Certificate are:

• The declaration requesting extension of validity follows Form No. 07 in Appendix II of this Decree;
• Original industrial design patent, trademark registration certificate (in case the protection title is issued in paper form and there is a request to record the extension in the protection title)
• Authorization document (in case the request is submitted through a representative);
• Copy of fee and charge payment voucher (in case of payment of fees and charges via postal service or direct payment to the account of the state management agency on industrial property rights).

In one dossier, it is possible to request an extension of validity for one or more protection titles if they have the same type of object and the same owner.

Authority to extend

Pursuant to STT 12, Section 1, Part I, List of administrative procedures issued together with Decision No. 2060/QD-BKHCN, the National Office of Intellectual Property – Ministry of Science and Technology is the agency with authority to extend the validity of Trademark registration certificate.

Execution order

Pursuant to Clause 3 and Clause 4, Article 31 of Decree 65/2023/ND-CP, the steps to request extending the validity of Trademark Registration Certificate are:

Step 1: Submit an application for extending the validity of Trademark Registration Certificate to the National Office of Intellectual Property.

Step 2: The National Office of Intellectual Property reviews the extension request dossier

Within 01 months from the date of receipt of the extension request, the National Office of Intellectual Property reviews the extension request.

Step 3: Make a decision to extend or refuse to renew the Trademark Registration Certificate:

In case the application is valid: the Department issues a decision to extend the validity of the protection title, records it in the protection title (if required), registers and announces the decision to extend the validity of the Registration Certificate. trademark in the Industrial Property Official Gazette within 60 days from the date of decision.

In case the dossier is invalid: the Department issues a notice of intention to refuse the extension, clearly stating the reason and setting a period of 02 months from the date of notice for the requester to correct errors or give feedback. for one of the following cases:

• The application for extension is invalid or is not submitted according to prescribed procedures;
• The person requesting renewal is not the owner of the corresponding trademark registration certificate.

If at the end of the set time limit the requester does not correct the errors or the errors are not corrected unsatisfactorily, there is no objection or there is an objection that is not valid, the state management agency shall on industrial property rights issued a decision to refuse to extend the validity of the trademark registration certificate.

Fees and time limit for extending the validity of Trademark Registration Certificate

Pursuant to the Table of industrial property fees and charges issued together with Circular No. 263/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance, the owner of the Trademark Registration Certificate needs to pay the following fees: Types of fees and charges after requesting to extend Certificate validity:

• Fee for extending the validity of Trademark Registration Certificate: 100,000 VND/group of products and services (Trademark registration certificate)
• Fee for appraisal of request for extension of validity of protection title: 160,000 VND/01 protection title;
• Fee for publishing information on industrial property: 120,000 VND/01 application to extend the validity of a protection certificate;
• Fee for registering information on industrial property: 120,000 VND/01 protection certificate;
• Fee for using protection certificate: 700,000 VND/01 group of products and services.

Pursuant to Clause 4 of Decree 65/2023/ND-CP, within 01 month from the date of receiving the extension request dossier, the National Office of Intellectual Property will review the dossier and make a decision on the request. Extend the validity of the Trademark Registration Certificate

Support service for extending the validity of Trademark Registration Certificate

During the process of requesting to extend the validity of the Trademark Registration Certificate, if customers need a professional consulting unit to assist in resolving difficulties in the stage of preparing documents and conducting procedures, You can consider using Long Phan’s services. With his professional experience, Long Phan will support you:

• Consulting on the steps to apply to extend the validity of the Trademark Registration Certificate;
• Support in preparing dossiers and documents to extend the validity of Trademark Registration Certificate;
• Monitor the appraisal process of the application to extend the validity of the Trademark Registration Certificate and assist in resolving arising issues;
• On behalf of customers, work with State agencies to extend the validity of the Trademark Registration Certificate;
• Hand over the results of extending the validity of the Trademark Registration Certificate to the customer.

If you need any more information about the procedure for extending the validity of Trademark Registration Certificate, please contact Long Phan via hotline. 0906.735.386 for quick advice and support.