When will a trademark, patent, industrial design…be cancelled in Vietnam ? Trademark registration certificate will be cancelled when the applicant has right to registration nor has been assigned.
1. A Protection Title shall be entirely invalidated in the following cases:
- The applicant for registration neither has right to registration nor has been assigned such right (with regard to inventions, industrial designs, layout-designs and marks);
- The subject matter of industrial property failed to satisfy the protection conditions at the grant date of the Protection Title.
- Protection Title shall be partly invalidated if that part failed to satisfy the protection conditions.
2. Any organizations or individuals shall have the right to request the State administrative authority of industrial property rights to invalidate a Protection Title in cases provided for in paragraphs 1 and 2 of this Article, provided that fees shall be paid.
The time period for making request for invalidation of a Protection Title shall be its whole term of protection. With regard to marks, such time limit shall be 5 years as from the grant date, except for the case where the Protection Title has been granted due to the applicant’s dishonesty.
3. Based on the result of the examination of request for invalidation of a Protection Title and interested parties’ opinions, the State administrative authority of industrial property rights shall make either a decision or a notice of refusal to entirely or partly invalidate the Protection Title.
4. Provisions in paragraphs 1, 2, 3 and 4 of this Article shall also be applied to the invalidation of international registrations with regard to the