RENEWAL OF INDUSTRIAL DESIGN IN VIETNAM

According to the IP Law 2005, amended 2019, the time limit of industrial designprotection as follows: Designs are protected for 5 years from the filing date or the priority date. The owner can renew their protection titles and there are 2 consecutive times of renewals.

Within 06 months prior to the expiry date, the Certificate owner must submit an extension request to the IPOVN. The Certificate owner can renew it late, but the deadline for renewing is not more than 06 months from the date of expiration of the protection term. In this case, in addition to having to pay the renewal fee, the Certificate owner has to pay a late renewal fee (10% of the renewal fee for each late month). Therefore, industrial design owners should pay attention when renewing the trademark registration on time to avoid the expiration of the trademark protection title, affecting production and business activities.

Please note that if an industrial design is not renewed by its renewal due date, the status of the Certificate will change to ‘Registered - past expiry date’.

REQUIRED DOCUMENTS FOR RENEWAL OF INDUSTRIAL DESIGN IN VIETNAM (THROUGH A DONG IP)

According to the provisions of Circular 01/2007/TT-BKHCN, the below documents are required to renew a Patent of Industrial Design in Vietnam:

- Application for renewal of Industrial Design in Vietnam;

- Original of Patent of Industrial Design (if the applicant wishes to record the renewal on the Certificate). (In case the original Certificate of Trademark Registration is submitted to the IP Office of Vietnam (IPVN), the endorsement of new protection term will be stamped at the last page of the original Trademark Registration; otherwise, the new protection term will ONLY be recorded in the IPVN’s database);

- Power of attorney;

- Other documents (if any).

Time frame and procedure for renewal of ID Patent in Vietnam: about 4 – 6 months from the filing date.

Please contact us:

A DONG IP – TRANSLATION – CONSULTANCY COMPANY

Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam

Tel: 84-28 3926 0120 – 39260125

Email: consultant@a-dong.com.vn; info@a-dong.com.vn

Website: adong-ip.com