SBLAW would like to advise the cancellation of registered trademark in Vietnam as follows:
The procedure for the cancellation proceeding of trademark in National Office of Intellectual Property in Vietnam (NOIP) is brief as follows:
After the cancellation is filed with the NOIP, the NOIP will consider the request withing 3-6 months from the filing date.
If the request is found appropriate, the NOIP will send an official Notification to the cited mark owner requesting them to have the opinions on the cancellation.
The prescribed time for the response is 2 month from the issuance date of the Notification.
In case of response from the cited mark owner, the NOIP will continue considering the response with the submitted evidences.
If the evidences are not proper, the NOIP can make its final decision of the cancellation.
On the contrary, the NOIP will notify the Requester of the submitted evidences for further arguments.
There may be many arguments between the two parties during the process however, the NOIP will make decision after all relevant information on the evidences is clarified.
Normally, in case of many responses from the both sides, it may take around several months or even 1 or 2 years to complete the cancellation proceeding depending much on the complication of each case.
In case of no response from the cited mark owner after the 1st Notification is delivered, the NOIP may either send reminders to them for once or twice or issue official decision of cancellation of the registered mark within 3-6 months or a bit longer from the dates of reminders or the 1st Notification.
