a. Procedure
- Receipt of applications: Applications can be submitted directly or by post to the National Office of Intellectual Property in Hanoi or two representative offices of the Department in Ho Chi Minh City and Da Nang.
In case the owner of a certificate orders the cancellation of the validity of the protection title:
- Examining and making conclusions on the validity of the application;
- Checking the validity of the protection title requesting the cancellation;
- Issuing a decision to cancel the validity of the protection title at the request of the applicant.
In case where the request for invalidation of a protection title is made by a third party:
- Verification of evidences and reasons for cancellation;
- The National Office of Intellectual Property shall issue a written notice of the third party's opinion to the protection title holder so that the protection title holder may give his / her opinion. The National Office of Intellectual Property may organize a direct exchange of views between the third party and the owner of the protection title;
- On the basis of considering the opinions of the parties, the National Office of Intellectual Property shall issue a decision to cancel part/whole of the validity of the protection title. Decisions to invalidate protection titles shall be published in the Industrial Property Gazette and shall be recorded in the National Register of Industrial Property.
- If there are not enough evidence, the National Office of Intellectual Property shall issue a notice refusing to request invalidate the protection title.
b. Submitting methods
- Directly at the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh City and Da Nang.
- By post.
c. Component and number of files
- The composition of the file, including:
+ Declaration (02 sheets as the provided form);
+ Evidence (if any);
+ Letter of authority (if through a representative);
+ Explanatory statement on the reason for the request;
+ Receipt of fees and charges.
- Number of files: 01 (set)
d. Processing time: 10 days.
e. Objects of implementing administrative procedures: Individuals, organizations.
f. Agency implementing administrative procedures: National Office of Intellectual Property.
g. Results of implementation of administrative procedures: Decision on invalidation of protection title.
h. Fees
- Fee for cancellation of the validity of the protection title: 300,000 VND.
- The fee for announcing the decision on invalidation of the protection title: 120,000 VND.
i. Name of the form, form of declaration: Declaration to cancel the termination of validity of the certificate of protection of industrial property object (attached form).
k. Requirements and conditions for implementing administrative procedures: None
For more information, please contact: MINH KHUE LAW FIRM CO., LTD
Consult and request for Intellectual Property protection service 24/7, call 0986.386.648
Email: lienhe@luatminhkhue.vn
Look forward to cooperation with clients!
Best regards./.
Intellectual Property Department - Minh Khue Law Firm
