Register a trademark products for children in Vietnam

Currently, the market for children’s products is expanding and attracting a large number of customers. Therefore, many businesses and manufacturers are very interested in registering trademarks for baby products to distinguish goods and services from their competitors.

Baby products can be divided into several basic groups according to the Nice classification:

Class 05: baby food (milk), diaper-pants, baby diapers,…;

Class 10: bottle-feeding for babies, pacifiers for babies,…;

Class 18: baby ties, baby straps,…;

This procedure is not required to be carried out, however, the searching helps the owner knows about the possibility of successful trademark registration in order to make adjustment suitably.

Searching for childrens’ products (optional):

• Preliminary searching: at this step, Viet An Law will conduct a free preliminary search for customers withing 01 day from the date customer provides the template  trademark.
• In-depth searching: after the preliminary search for the trademark, if there are no signs of similarity with registered trademark, customers shall carry out an intensive search procedure of Viet An Law to evaluate the best protection ability of the trademark. The procedure for searching through Viet An’s representative is about 1 – 3 working days.

Notices: Intellectual property law allows for priority rights in some cases. Therefore, the lookup of a trademark before registration does not guarantee 100% of the mark wil be granted a trademark registration certificate. However, this search will increase the owner’s acceptability of the trademark application.

Preparation of childrens’ product trademark registration documents include:

• Trademark template with dimensions bigger than 3 x 3 cm and smaller than 8 x 8 cm;
• List of products and services requiring trademark registration;
• Trademark registration declaration (in case customer authorizes Viet An Law, the declaration will be signed by the industrial property representative of Viet An Law);
• Authorize the representative of Viet An Law to submit the trademark registration application;
• Receipt of fees and charges payments.

Notices: The trademark registration fee will be calculated based on the number of groups and products in each category indicated on the application.

Trademark registration can take about 13 – 18 months to complete and have final results. Specifically: Evaluation of the form (1 – 2 months); Publish the application in the Intellectual Property office’s Gazette (2 months); Content evaluation (9 – 12 months); Grant and publication of trademark registration certificate (1 – 2 months).

Term of trademark protection:

According to Law on Intellectual Property, a trademark registration is valid from the date of issue to the end of 10 years from the date of submitting, and can be renewed for 10 consecutive years. Thus, it can be said that a trademark, once registered, will be protected indefinitely, provided that the owner carries out the renewal procedure and fully pays fees in accordance with law.

For any information relating to trademark registration services for product and services, please contact Viet An Law for the most specific and detailed advice.