Friday, January 19, 2018

Cancellation proceedings against a Trademark Registration in Vietnam?

Any time during the term of validity of a registered trademark in Vietnam, any person who discovers as follows:

(1) the mark has been registered in a manner contrary to the law (e.g. the mark is not registrable as a matter of law;

(2) there is a prior registration for an identical or similar mark in respect of similar goods or services,

He can seek to cancel such trademark registration.

A cancellation action is submitted to the Appeal and Enforcement Department of NOIP.

The Vietnam current trademark law also provides the following grounds for cancellation:

  • The mark has been registered at least five years and was not used in Vietnam during the five year period immediately prior to the filing of the cancellation action and the owner has no legitimate excuse for non-use. If a trademark has not been used for more than five years, but no cancellation action against it was filed, it can become invulnerable once re-used. Under previous law, which will still apply to registered trademarks, the applications for which were filed before 1 July 1996, until their next renewal, a cancellation action may be filed against a registered mark if the mark was not used in Vietnam during the five year period immediately following the registration date.
  • The mark is identical or confusingly similar to a well known mark (in accordance with Article 6bis of the Paris Convention) or the mark of another which has been widely used and widely recognized in Vietnam regardless the latter is registered or not.
  • The registrant ceases to exist or carry on business without there being a legal successor to the right to use the mark.
  • The trademark owner has no right to apply for the registration of the mark

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