Form of the latest application for termination/invalidation of the industrial property right protection certificate 2022?
What is the abrogation of the protection title?
Under Article 96 of the 2005 Intellectual Property Law, the following provisions shall be complied with:
"Article 96. Invalidation of protection titles
1. Protection titles shall be wholly cancelled in the following cases:
a/ The registration applicant is not entitled to make registration and is not allowed to transfer the right to registration of inventions, industrial designs, layout designs or marks;
b/ An industrial property object fails to satisfy the protection conditions at the time of grant of a protection title.
2. The protection titles shall be partially cancelled in cases where such parts fail to satisfy the protection conditions.
3. Organizations and individuals may request state management agencies in charge of industrial property rights to cancel the validity of protection titles in the cases specified in Clauses 1 and 2 of this Article provided that they pay charges and fees.
The statute of limitations for exercising the right to request the cancellation of the protection title shall be the whole term of the protection title; for a mark, this statute of limitations shall be five years from the date of grant of the protection title, except for cases where the protection title is granted due to the untruthfulness of the applicant.
4. Basing themselves on the results of examination of applications for protection title validity cancellation and opinions of concerned parties, the state management agency in charge of industrial property rights shall decide to cancel part or the whole of the protection title validity or notify the rejection of the protection title validity.
5. The provisions of Clauses 1, 2, 3 and 4 of this Article shall also apply to the cancellation of international registration of marks."
Accordingly, the protection titles shall be invalidated if they fall into one of the above cases.
Form of the latest application for termination/invalidation of the industrial property right protection certificate 2022?
If a protection certificate is invalidated?
According to Article 95 of the 2005 Intellectual Property Law, cases of invalidation of protection titles are specified as follows:
- The protection titles shall be invalidated in the following cases:
+ The protection title holder fails to pay the fee for maintaining the validity of or extending the validity of the protection title according to regulations;
+ The protection title holder declares the abandonment of industrial property rights;
+ The protection title holder no longer exists or no longer conducts business activities without a lawful heir;
+ The mark has not been used by the owner or the person permitted by the owner for five consecutive years before the date of request for termination without plausible reason, unless the use has been started or re-started at least three months before the date of request for termination;
+ The owner of the certificate of mark registration, for collective marks that are not put under control, or whose application is ineffective;
+ The owner of the certificate of mark registration, for certification mark that violates the regulation on use of certification mark or fails to effectively control or control the implementation of the regulation on use of certification mark;
+ Geographical conditions constituting the reputation, quality and characteristics of the product bearing the geographical indication are altered, thereby damaging the reputation, quality and characteristics of the product.
- In case the invention protection title holder fails to pay a fee for maintenance of the validity within the prescribed time limit, upon the expiration of that time limit, the validity of the protection title shall automatically terminate on the date the first year of validity maintenance fee is not paid. State management agencies in charge of industrial property rights shall record the termination of the validity of protection certificates in the national register of industrial property and publish it in the Industrial Property Official Gazette.
- In case a protection title holder declares to waive his/her industrial property rights specified at Point b, Clause 1 of this Article, the state management agency in charge of industrial property rights shall decide to invalidate the protection title from the date of receiving the protection title holder's declaration.
- Organizations and individuals may request state management agencies in charge of industrial property rights to terminate the validity of protection titles in the cases specified at Points c, d, e, f and g, Clause 1 of this Article, provided that they pay charges and fees.
Basing themselves on the results of examination of protection title applications and opinions of concerned parties, the state management agency in charge of industrial property rights shall decide to invalidate protection titles or notify the refusal to terminate the protection title validity.
- The provisions of Clauses 1, 3 and 4 of this Article also apply to the termination of international registration validity of marks.
What is the reason for invalidation of the protection certificate?
An application for invalidation of a trademark in Vietnam protection title is made according to Form No. 04-CDHB, Appendix C issued together with Circular 16/2016/TT-BKHCN as follows:
Download the form of declaration of termination/cancellation of the validity of an industrial property object protection title here.
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