Register a trademark in Vietnam for pet supplies

The habit of keeping pets in the house has existed since ancient times, but Vietnamese youth are now turning this habit into a lifestyle. They care and give a lot of love to pets, even considering them as family members. Individuals and organizations have increasingly invested in and produced new and unique products for pets. This article by Viet An Luat will provide the necessary information for client to register a trademark in Vietnam for pet supplies.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022;
• Decree 65/2023/ND-CP detailing industrial property, industrial property protection, and plant variety management;
• Circular 263/2016/TT-BTC regulating the collection, payment, management, and use of industrial property fees and charges.

What is trademark registration for pet supplies?

• Trademarks are signs used to distinguish goods and services of different organizations and individuals.
• Signs used as trademarks must be visible signs in the form of letters, words, images, drawings, or a combination of those elements expressed in one or more colors.
• Registering a trademark for pet supplies is a procedure to establish rights for a trademark produced by an enterprise to be granted a trademark registration certificate for pet supplies.

Classification registration of trademarks for pet supplies

Based on the Nica international classification of trademark registration, registered trademarks for pet supplies are classified into the following groups:

Group 5.

Food and nutrients suitable for veterinary use as food and digestive aids;

Group 8.

Tools and hand tools for manual operations: knives, hair trimming scissors, pet cleaning;

Group 10.

Surgical, medical and veterinary equipment and instruments.

Group 11.

Equipment and systems for lighting and heating.

Group 18.

Collars, leashes, and costumes for animals

Sample of BMPet pet food trademark registration

Bui Man Co., Ltd. (BMPet) was established in 2015, products distributed by BMPet always have clear origins, delicious flavors, and guaranteed quality ingredients, satisfying customers. BMPet products are trusted and supported by many users, which have a registered trademark in Vietnam with the following information:

Application to register a trademark in Vietnam for pet supplies

Required documentation

• After the trademark owner has paid the registration fee. The National Office of Intellectual Property will issue a trademark protection certificate within 2-3 months from the date of payment of the fee.
• Trademark registration time is about 12 – 18 months from the date of acceptance of a valid application.
• Trademark protection period: trademarks are protected for 10 years from the filing date (priority date). Enterprises can renew their protection certificates with no limit on the number of extensions. Therefore, the trademark will be an asset throughout the business and operations of the enterprise

Other documents (if any)

• Power of attorney (if applying for registration through industrial property representation service organizations);
• 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).

Pet supplies trademark registration process

For a trademark to be granted a title of exclusive protection, the procedure for filing a trademark registration application is carried out through the following specific steps:

Step 1: Choose a trademark and products and services for the trademark

Before registering a trademark, you need to determine the following important information:

• Sample Logo / Trademark you want to register.
• List of goods and services that want to register a trademark.

Step 2: Research the trademark

To perform a trademark search, customers only need to provide Viet An Law:

• Trademark sample;
• List of goods and services that need to be searched and registered.

Clients can also research the trademark using the link http://wipopublish.ipvietnam.gov.vn/

Step 3: Submit the registration application

After a profound research and the trademark is assessed as capable of registration, the applicant proceeds to submit the registration application. As soon as the application is submitted, the applicant must pay the fee. The schedule of industrial property fees and charges issued together with Circular 263/2016/TT-BTC stipulating current trademark registration fees and charges is as follows:

• Application fee: 150,000 VND/01 trademark, 01 class of goods and services.
• Substantive examination fee: 550,000 VND;
• Search fee for trademark examination: 180,000 VND;
• Granting fee: 120,000 VND;
• Registration fee: 120,000 VND;
• Trademark publication fee: 120,000 VND.
• For each additional protected good/service class, the certificate fee increases: 100,000 VND;
• For each group of goods/services registered for protection with more than 6 goods/services registered, an additional fee must be paid for each good/service from 7th onwards plus:
  • Substantive examination fee: 120,000 VND
  • International classification fee: 20,000 VND
  • Search fee for trademark examination: 30,000 VND.

Agency receiving and processing documents and collecting registration fees in Vietnam: National Office of Intellectual Property.

Step 4: Formality examination of the registration application

• The time limit for formality appraisal of a trademark application is 01 month from the date of application submission. The National Office of Intellectual Property will consider whether the application meets the requirements in terms of form, label sample, application owner, filing rights, grouping, etc.
• If the enterprise’s registration application meets the conditions, the National Office of Intellectual Property will issue a valid decision on the form. Accordingly, information about the trademark application will be posted in the IP Gazette and transferred to the content appraisal stage;
• If the business’s registration application does not meet the conditions. The National Office of Intellectual Property will issue a notice not accepting the application and request the business to make amendments. The application owner and representative of the application owner shall make amendments as requested. After that, submit the amended dispatch to the National Office of Intellectual Property and pay additional fees if the group is classified incorrectly.

Step 5: Publication of the application

• Time limit for publishing a trademark application: 02 months from the date of notification of acceptance of a valid application.
• The application publication content includes information about the valid application recorded in the notice of acceptance of the valid application, trademark sample, and list of goods and services.
• Form of publication: website of the National Office of Intellectual Property and Industrial Property Official Gazette.

Step 6: Substantive examination of the application

• The time for substantive examination of a trademark registration application is no more than 09 months from the date of publication of the application.
• If the trademark registration application is eligible for protection, the National Office of Intellectual Property will issue a notice to pay the granting fee;
• If the trademark registration application is not eligible for protection, the National Office of Intellectual Property will issue a notice of intended refusal. The application may be refused full protection or partial protection. The applicant has the right to give a reply. In case the application owner’s opinion is accepted, the Department will issue a notice to pay the licensing fee for the application, otherwise, the NOIP will issue a decision to refuse protection.

Step 7: Pay the fee for granting a certificate of protection

After receiving the notice of intention to grant a protection title, the applicant shall pay the licensing fee according to Circular 263/2016/TT-BTC, which regulates the fee for granting a trademark protection title.

• Granting If the registration application includes many groups of goods and services, the licensing fee will be increased when paying.
• Registration fee;
• Publication fee;

Step 8: Issue trademark registration certificate

• After the trademark owner has paid the registration fee. The National Office of Intellectual Property will issue a trademark protection certificate within 2-3 months from the date of payment of the fee.
• Trademark registration time is about 12 – 18 months from the date of acceptance of a valid application.
• Trademark protection period is 10 years from the filing date (priority date). Enterprises can extend their protection certificates with no limit on the number of extensions. Therefore, the trademark will be an asset throughout the operation and business process of the enterprise.

Above is advice of Viet An Law Firm for client to register a trademark in Vietnam for pet supplies. If you need to register a trademark in Vietnam and abroad, please contact Viet An Law Firm – Intellectual Property Representative for the best support!