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As you embark on the journey of securing your prized industrial design, understanding the dynamics of registration and renewal is essential to safeguarding your creative endeavors.
Upon successfully submitting your application for industrial design registration, your design is granted a term of registration that spans five years from the date of application submission. During this period, your design enjoys the protection and recognition it rightfully deserves.
As the expiration date of your design's registration term draws near, you have the opportunity to extend its protection for successive periods. To accomplish this, follow these steps:
(i) Application for Extension and Fee Payment: To extend the term of registration, you must apply for the extension and pay the prescribed fee within 06 (six) months prior to the expiration date of the original term. This proactive approach ensures that your design's protection remains uninterrupted.
(ii) Grace Period Consideration: Should you miss the initial window for application, don't despair. A grace period of six months following the expiration date of the term is allotted. During this grace period, you can still submit your application for extension. However, bear in mind that this entails paying not only the registration fees but also the overdue fees.
The Registrar plays a pivotal role in facilitating the extension of your design's registration term:
(i) Acceptance and Effectiveness: The Registrar diligently reviews and accepts applications for the extension of the term of registration that adhere to the stipulated guidelines. The extension becomes effective upon the culmination of the original term's expiration.
(ii) Examination and Public Announcement: Upon receipt of your application, the Registrar meticulously examines it and, if compliant, extends the term by another five years. This commitment to due diligence is reinforced by a public announcement made in the prescribed manner, ensuring transparency and accountability.
(iii) Record Keeping and Suspension: The Registrar meticulously records the extension of the term of registration, underscoring your design's continued protection. However, it's crucial to note that failure to pay the prescribed fee for extension within the six-month grace period results in the suspension of your design's registration. This suspension is duly recorded and publicly announced, emphasizing the significance of timely adherence.
By Nguyen Vu QUAN
Partner & IP Attorney
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