Trademark registration for pet services in Vietnam

To meet the demand for convenient care from pet owners, many individuals and organizations have opened businesses to provide services for pets. However, to affirm and protect the reputation and quality of the business, customers should have a trademark registration for this service to avoid trademark infringement and theft. In the article below, Viet An Law answers questions about trademark registration for pet services in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.
• Decree 65/2023/ND-CP has detailed several articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.

What is a trademark?

Trademark means any sign used to distinguish goods or services of different organizations or individuals. Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, and images, including three-dimensional images or their combinations, presented in one or several given colors. Trademarks are often used to build reputations, and attract customers’ awareness and trust towards a specific brand. According to the legal definition of Cause 16, Article 4 of Intellectual Property Law defined: “Mark means any sign used to distinguish goods or services of different organizations or individuals.”

Trademark registration classes for pet services in Vietnam

When verifying a dossier of trademark registration, it is necessary to specifically identify the classes of goods bearing the trademark to determine the scope of protection. According to the Nice classification applied in Vietnam from January 1, 2024, pet services belong to:

Class 44: Medical assistance services; treatment room; veterinary assistance; health care; pet grooming; pet breeding services; hygiene and beauty care services for pets, veterinary services;

Class 35: Buying and selling pets (Dogs, cats); advertising, managing commercial business activities, buying and selling, importing and exporting, displaying and introducing animal food products, pet food, pet fattening products, chewing food for animals, fragrant sand [bedding] for pets, sand for toilets of pets, pet clothes, and pet accessories (leads, collars, bells, bibs, beak joints, pet name tags), pet toys, eating utensils (bowls, trays, bottles), pet cages, mattresses, pet carriers, backpacks, bags, pet cosmetics;

Class 43: Services providing temporary accommodation (hotels) for animals; Provide a place to keep animals.

Procedures for trademark search for pet services

Before applying to register trademark protection for a product, businesses should perform a trademark search for their products. Trademark search helps trademark registrants know whether their trademark is identical or similar to protected trademarks. At the same time, check whether the information on the issued Trademark Certificate is accurate with the data in the information system of the National Office of Intellectual Property to promptly make corrections.

• Preliminary search: Viet An Law will conduct a preliminary search for customers within 01 day from the date of being provided with the trademark sample.
• Search at the National Office of Intellectual Property through a representative of Viet An Law Firm: This search step will determine the highest protection ability of the trademark intended to be registered.

Protected trademarks for pet services in Vietnam

PET HOUSE business household

• Trademark: “GAU MIAO”
• Application number: 4-2021-41708
• Application date: January 29, 2021
• Issuance date: December 14, 2023
• Title number: 473414
• Class 35: Buying and selling accessories, tools, food, medicine for pets.

HIPET

• Trademark: “HIPET”
• Certificate holder: Nguyen Hoang Minh Quan
• Application number: 4-2019-05111
• Application date: February 21, 2019
• Issuance date: March 25, 2021
• Degree publication date: May 25, 2021
• Good and service groups:
• Group 35: Buying and selling pets
• Group 44: Medical assistance services; treatment room; veterinary assistance; health care; pet grooming

TP PET

• Trademark: “TP PET”
• Certificate holder: Tong Manh Dung
• Application number: 4-2021-44920
• Application date: November 16, 2021
• Issuance date: November 27, 2023
• Good and service groups:
  • Class 44: Medical assistance services; treatment room; veterinary assistance; health care; pet grooming; pet breeding services; hygiene and beauty care services for pets, veterinary services;
  • Class 35: Buying and selling pets (Dogs, cats); advertising, managing commercial business activities, buying and selling, importing and exporting, displaying and introducing animal food products, pet food, pet fattening products, chewing food for animals, fragrant sand [bedding] for pets, sand for toilets of pets, pet clothes, and pet accessories (leads, collars, bells, bibs, beak joints, pet name tags), pet toys, eating utensils (bowls, trays, bottles), pet cages, mattresses, pet carriers, backpacks, bags, pet cosmetics;
  • Class 43: Services providing temporary accommodation (hotels) for animals; provide a place to keep animals.

A dossier of trademark registration for pet services in Vietnam

• 01 trademark sample (not smaller than 3×3 cm, not exceeding 8×8 cm);
• 01 copy of fee payment voucher;
• 02 declarations according to Form No. 08, Decree 65/2023/ND-CP;
• List of goods and services intended for trademark registration;
• Trademark registration declaration (in case the customer authorizes Viet An Law Firm, the declaration will be signed by the industrial property representative of Viet An Law);
• Authorization letter for the representative of Viet An Law Firm to apply for trademark registration;

Trademark registration process for pet services in Vietnam

Step 1: Submit the registration at the Vietnam National Office of Intellectual Property and pay the registration fee

• Individuals and organizations can apply for trademark registration directly.
• Individuals and organizations can submit applications through the postal system to the headquarters of the National Office of Intellectual Property or the Representative Office of the National Office of Intellectual Property.
• Individuals and organizations can apply for trademark registration online: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System, and the National Office of Intellectual Property will approve your account to perform industrial property rights registration transactions.

Step 2: Formality and substantive examination of the application

From the date that it is received by the National Office of Intellectual Property, the trademark registration application is considered in the following order:

• Formality examination: 01 month
• Publication of application: within 02 months from the date the trademark registration has a decision accepting the valid application
• Substantive examination: no more than 09 months from the date of publication of the registration

Step 3: Notify intention to grant/refuse to provide a protection title

At the end of the substantive examination period, the National Office of Intellectual Property issues a notice of intention to grant or refuse to provide a trademark protection title and clearly states the reasons.

Step 4: Pay the fee for the trademark registration certificate

After notification of intention to issue a trademark, the applicant pays the fee for providing a trademark certificate. The National Office of Intellectual Property issues and announces the Trademark Registration Certificate to the owner within 01-02 months from the date of payment for providing the Trademark Registration Certificate.

Services on trademark registration of Viet An Law

• Legal advice on procedures and conditions for trademark registration for pet services in Vietnam.
• Preliminary investigation and consulting on the possibility of registering for pet services trademark protection of customers;
• Drafting trademark protection documents;
• Submit documents and monitor the registration and examination process at the National Office of Intellectual Property;
• Exchange and provide information to customers during the trademark protection registration process.

For all information related to trademark registration for pet services in Vietnam, please contact Viet An Luat for more specific and detailed instructions