Register a sauce product trademark in Vietnam

In a competitive market, it is increasingly common for trademarks to be plagiarized or copied. Many authors and mark owners of sauce products are concerned about the risk of infringement. In this article, Viet An Law Firm offers an article on the way to register a sauce product trademark in Vietnam below.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2022.
• Circular 01/2007/TT-BKHCN as amended and supplemented by Circular 16/2016/TT–BKHCN guiding the implementation of Decree 103/2006/ND-CP guiding the Intellectual Property Law on industrial property.

What is a trademark in Vietnam?

Trade mark according to the definition of the World Intellectual Property Organization (WIPO): trademarks are “signs used to distinguish goods and services of the same or similar type of production facilities, different businesses”.

Vietnam’s Intellectual Property Law also provides the following definition of a trademark: a sign used to distinguish goods and services of different organizations and individuals (Clause 16, Article 4 of the Intellectual Property Law).

Classification of trademark registration for sauce products

Class 30: Spices; sauce (spice)

Class 35: Wholesale of sauce products.

Some reputable sauce products trademark in the Vietnamese market

Dh Foods sauce trademark

DH Foods Co., Ltd. was established in 2012 and has been established for 9 years now. With consistency in the criteria “No synthetic colors, No preservatives, No impurities”. DH Foods has created quality and safe spaces for consumers. In particular, DH Foods’ products are classified to suit each specialty in different regions.

Borona sauce trademark

Barona is a prestigious mark of Nam Phuong Food. All Barona complete seasoning sauce products are produced and packaged in a modern, closed production line according to ISO international management standards.

Kewpie sauce trademark

The Kewpie dipping sauce mark is very famous in Japan and is interesting by many users. In 2010, this company established the Kewpie Vietnam branch. Kewpie products commonly sold in all supermarkets and stores in Vietnam since 2012. Cong The company also opened a Kewpie factory in Vietnam and achieved FSSC 22000 certification in 2016.

Cholimex sauce trademark

With constant creativity, every year Cholimexfood launches new products with traditional Vietnamese flavors that are convenient, and suitable for the modern lifestyle of consumers barbecue sauce, braised fish, and braised meat should be increasingly popular in Vietnamese family meals, while meeting international standards for integration.

Dossier for trademark registration of sauce products in Vietnam

The dossier to register a sauce product trademark includes the following documents:

• Trademark registration declaration, typed according to the prescribed form;
• Trademark sample;
• 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 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 or 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 assignee of another rights;
  • 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.

Keynotes on trademark registration documents

When applying for trademark registration, clients should note:

• First, 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.
• Second, if the letters and words are presented in graphic form as a distinguishing element of the mark, the graphic form of those words and words must be described.
• Third, if the sauce product label contains numbers other than Arabic or Roman numerals, it must be translated into Arabic numerals.
• Fourth, if the sauce product mark consists of many separate parts but are used simultaneously on a product, the location of each part of that mark must be clearly stated on the product or product packaging.
• Fifth, the list of goods and services bearing the sauce product trademark in the declaration must be consistent with the grouping according to the Nice International Classification of Goods and Services.
• Sixth, the trademark sample attached to the declaration and 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 smaller than 15 mm.
• Seventh, if color protection is requested, the trademark sample must present the exact color that needs protection.
• Eighth, if color protection is not required, all sauce product trademarks should be presented in black and white.

The process to register a sauce product trademark in Vietnam

Pursuant to the Intellectual Property Law and related documents, trademark registration for sauces is conducted according to the following steps:

• Firstly, prepare documents and trademark registration documents to fully meet the necessary documents according to law;
• Second, submit the application to the Intellectual Property Department with headquarters in Hanoi City and two representative offices in Ho Chi Minh City and Da Nang City;
• Third, monitor the application appraisal process. Promptly respond in writing so that documents can be supplemented and completed upon request from the authorities;
• Fourth, after receiving notice of intention to grant a protection title, the applicant proceeds to pay the licensing fee;
• Fifth, obtain trademark registration results.

Basically, registering a trademark for a sauce product 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 time to register a sauce product trademark in Vietnam

Trademark registration dossier submitted to the National Office of Intellectual Property.

The time limit for publication of a trademark application is 02 months from the date of notification of acceptance of the valid application.

From 09 months to 10 months from the date of acceptance of a valid application, there will be a notice of intention to issue a Trademark Registration Certificate and the application owner must pay the certificate issuance fee according to regulations. The sauce trademark registration certificate is valid for 10 years and valid throughout the territory of Vietnam.

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