Register a cheese product trademark in Vietnam

In the current competitive context, plagiarism tactics are increasingly common, trademarks are easily infringed by illegal acts, easily affecting business results. Cheese product trademarks are also at risk of being infringed. The question many customers are interested in is how to register a trademark. To answer customers’ questions, Viet An Law Firm offers an article on the way to register a cheese product trademark in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2022.
• Decree 65/2023/ND-CP provides detailed regulations on industrial property, protection of industrial property rights, and management of plant varieties.

What is a trademark?

Trademarks can be understood as signs used to distinguish goods and services of different organizations and individuals. Trademarks are further divided into 4 registration subjects including:

Collective trademark

A collective mark is a mark used to distinguish the goods and services of members of the organization that owns that mark from the goods and services of organizations and individuals that are not members of the organization. there.

Certification trademark

A certification mark is a mark that the mark owner allows other organizations and individuals to use on the goods and services of that organization or individual to certify the characteristics of origin, raw materials, and materials. material, method of producing goods, method of providing services, quality, accuracy, safety or other characteristics of goods or services bearing the mark.

Sound trademark

A sound trademark is a trademark created from signs that are sounds, recognizable by hearing, can be composed of a combination of monosyllables or tones, used to distinguish the commercial origin of the product or service.

Holographic trademark

A three-dimensional trademark, also known as a stereoscopic trademark, is a shape expressed in three-dimensional space: length, width, and height. That shape can help consumers identify the commercial origin of a product or service.

Famous trademark

A famous trademark is a trademark widely known by consumers throughout the territory of Vietnam.

Why should we register a cheese trademark?

First, registration helps protect the rights of owners:

• Successful trademark registration means the owners will legally own the trademark for that cheese product. The owner has the full right to perform actions to establish ownership of the trademark.
• Protect the owner against acts of infringement of products bearing a registered trademark, specifically acts of counterfeiting, copying, and imitating competitors’ products.
• Not to cause confusion with other ownership rights.

Second, registration brings various great benefits:

• Registering a trademark on cheese products is also a form of bringing the product to the public to help promote the product and stimulate business development. Trademarks play a big role in a business’s business activities, helping to position products and services in the minds of customers as well as create a difference in the market.
• Create trust from partners and consumers. Ensure products are protected by trademark law, preventing infringements that negatively affect business.

Procedure to register a cheese product trademark in Vietnam

Pursuant to the Intellectual Property Law and related documents, trademark registration for cheese is carried out according to the following steps:

• Prepare documents and dossiers for trademark registration to fully meet the necessary documents according to law;
• Submit application to Department S of Intellectual Property with headquarters in Hanoi City and two representative offices in Ho Chi Minh City and Da Nang City;
• Monitor the application appraisal process. Promptly respond in writing so that documents can be supplemented and completed upon request from the authorities;
• Receive trademark registration certificate.

Basically, registering a trademark for cheese products is an administrative procedure that is not too complicated but can easily cause major risks due to invalid documents. The time taken to carry out this procedure is very long. If business entities encounter risks, it will greatly affect business activities.

In addition to problems caused by invalid documents, self-employed entities without expertise or experience will not be able to evaluate the success rate of the registered trademark. As a result, the registered trademark is identical to the trademark that has been granted a protection certificate.

Authority and duration to register cheese product trademarks

Trademark registration dossier submitted to the National Office of Intellectual Property. After 2 days of submitting the application, there will be a receipt stamp at the Vietnam National Office of Intellectual Property. After 2 months from the date of application, there will be a notice of acceptance of a valid application.

From 09 months to 10 months from the date of acceptance of a valid application, there will be a notice of issuance of a Trademark Registration Certificate. Trademark Registration Certificate is valid for 10 years and valid throughout the territory of Vietnam.

Application for registration of cheese product trademark

The application for registration of a cheese product trademark includes the following documents:

• Trademark registration declaration, typed according to form;
• Sample trademark attached;
• Proof of payment of fees and charges;
• Regulations on the use of collective marks or certification marks;
• An explanation of the characteristic (or specific) nature and quality of the product bearing the mark (if the mark is registered as a collective mark used for products with specific characteristics or as a quality certification mark). product quality or a mark certifying the geographical origin of local specialties);
• Map of geographical area (if the registered trademark is a trademark certifying the geographical origin of the product, or the trademark contains place names or signs indicating the geographical origin of local specialties).
• Document of the People’s Committee of a province or centrally run city permitting the use of place names or other signs indicating the geographical origin of local specialties for trademark registration (if the registered trademark is a collective trademark, certification marks containing place names or other signs indicating the geographical origin of local specialties).
• Power of Attorney for Viet An Law as an industrial property representation service organization;
• Other documents:
  • Document confirming permission to use special signs (if the trademark sought to be protected contains symbols, flags, badges of domestic and international agencies and organizations, etc.);
  • Document confirming registration rights;
  • Document confirming enjoyment of registration rights from another person;
  • Documents proving priority rights (if the application claims priority rights).

However, a trademark registration application usually does not include all of the above documents, you need to consider how your case is registered to prepare the documents accordingly.

Notes on trademark registration documents

When applying for trademark registration, customers should note:

• The trademark description in the declaration must clearly clarify the distinctiveness of the trademark. It must clearly state each constituent element of the mark and the overall meaning of the mark. If the mark contains non-Vietnamese words, the pronunciation must be clearly stated (transliterated into Vietnamese) and if the word has a meaning, the meaning must be translated into Vietnamese.
• If the letters and words sought to be protected are presented in graphic form as a distinguishing element of the mark, the graphic form of those words and words must be described.
• If the cheese product label contains numbers other than Arabic or Roman numerals, it must be translated into Arabic numerals.
• If a cheese product brand consists of many separate parts but are used at the same time on a product, the location of each part of that brand must be clearly stated on the product or product packaging.
• The list of goods and services branded as cheese products in the declaration must be consistent with the grouping according to the International Classification of Goods and Services (Nice).
• The trademark sample attached to the declaration as well as other trademark samples are clearly presented with dimensions not exceeding (80 x 80) mm, and the distance between the two closest points must not be small. more than 15 mm.
• If color protection is requested, the trademark sample must present the exact color that needs protection.
• If color protection is not required, then all samples of cheese product trademarks should be presented in black and white.

Customers who need to register a trademark in Vietnam or abroad, please contact Viet An Law Firm for the best support!