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Invalidation and Cancellation

cancelINVALIDATION OF TRADEMARKS

According to the Vietnamese trademark law, a trademark may be invalidated under the following circumstances:

  • The trademark holder submits a written declaration of abandonment to the NOIP;
  • The term has not been extended;
  • The trademark holder (natural person) dies and he has no successor, or a legal entity liquidates and there is not a legatee;
  • Lack of use of the trademark within 05 consecutive years before the time of filing of request for non-use invalidation;
  • The holder of the collective/certification mark uses the mark in breach to the collective/certification mark regulations.

For the invalidated trademarks, the rights conferred by the registration are considered terminated from the date of taking the decision on invalidation.

CANCELLATION OF TRADEMARKS

Trademark registration can be canceled by any interested person upon filing of an application for cancellation to the NOIP. The person requesting the cancellation must prove that:

  • The right to file the trademark application had not belonged to the applicant; or
  • Any of distinctiveness requirements were not fulfilled at the time the trademark was registered. In this case, cancellation request should be filed within 05 years from the date of registration.

Any cancelled registrations for trademark is regarded as not valid from the date of registration.

Where the grounds for invalidation or cancellation of the trademark exist in respect of the part of goods/services for which the trademark is registered, the registration will be canceled in respect of this part only.