Tại sao nên gia hạn Giấy chứng nhận đăng ký nhãn hiệu

       Tại sao nên gia hạn Giấy chứng nhận đăng ký nhãn hiệuĐăng ký nhãn hiệu đóng vai trò quan trọng trong việc xây dựng và bảo hộ thương hiệu cho các sản phẩm, dịch vụ mà chủ thể tiến hành kinh doanh. Khi tham gia vào thị trường, các chủ thể phải chuẩn bị cho mình một hành trang vững chãi để đương đầu với những thử thách trong quá trình cạnh tranh. Việt Nam là một quốc gia được xếp vào hàng có triển vọng tích cực, điều đó đồng nghĩa với việc các chủ thể sẽ phải chịu áp lực từ việc cạnh tranh càng mạnh mẽ hơn. Từ đó, có thể dẫn tới nhiều hành vi không “đẹp” xảy ra trên thị trường và vi phạm sở hữu trí tuệ, ăn cắp thương hiệu…là điều không thể tránh khỏi.

       Pháp luật sở hữu trí tuệ đã tạo điều kiện cho các doanh nghiệp, chủ thể có thể tự bảo vệ chính mình bằng cách đăng ký nhãn hiệu độc quyền tại Cục sở hữu trí tuệ. Đây là một thủ tục không bắt buộc nhưng nó lại là cơ sở pháp lý để vượt qua những hành vi không đẹp nói trên. Khi nộp đơn đăng ký nhãn hiệu vào Cục sở hữu trí tuệ Việt Nam, đơn sẽ trải qua hai giai đoạn chính là thẩm định hình thức và nội dung đơn đăng ký. Nếu đáp ứng được những tiêu chuẩn theo quy định thì sẽ được cấp giấy chứng nhận đăng ký nhãn hiệu.

       Giấy chứng nhận đăng ký nhãn hiệu có hiệu lực kể từ ngày cấp kéo dài 10 năm kể từ ngày nộp đơn. Tuy nhiên, hết thời hạn nói trên, chủ sở hữu nhãn hiệu phải tiến hành nộp đơn gia hạn hiệu lực giấy chứng nhận nhãn hiệu. Tại sao? Nhiều doanh nghiệp trong thời hạn kể trên đã tạo ra được một chỗ đững cho sản phẩm, dịch vụ lại tỏ ra “thờ ơ” với thủ tục trên. Chủ quan vì nghĩ rằng ai cũng biết đến rồi thì không cần bảo hộ, tuy nhiên điều đó hết sức nguy hiểm, chính vì thương hiệu đã định hình mà công tác bảo hộ cần phải được duy trì chặt chẽ. Ai có thể chắc chắn rằng, sau thời hạn 15 năm (10 năm có hiệu lực và 5 năm trở thành đối chứng) thì nhãn hiệu sẽ không bị người khác “nẫng mất”.

       Do đó, gia hạn hiệu lực giấy chứng nhận đăng ký nhãn hiệu là cần được thực hiện. Hồ sơ gia hạn giấy chứng nhận đăng ký nhãn hiệu bao gồm:

  • Tờ khai yêu cầu gia hạn (theo mẫu);
  • Bản gốc giấy chứng nhận đăng ký nhãn hiệu;
  • Giấy ủy quyền nếu nộp đơn thông qua người đại diện;
  • Chứng từ nộp phí gia hạn, công bố quyết định gia hạn và đăng bạ quyết định gia hạn Giấy chứng nhận đăng ký nhãn hiệu theo quy định.

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