Plastic pellet trademark registration in Vietnam

Trademarks are important signs to distinguish the goods and services of one individual or business organization from those of another. Trademark registration is necessary to increase competitiveness and recognition with clients. However, in reality, many entities in Vietnam have some unclear experience in conducting trademark registration and trademark protection under current law. To assist clients, Viet An Law Firm would like to present an article on plastic pellet trademark registration in Vietnam in the following article.

What are plastic pellets?

Primary plastic pellets are plastic products produced from the fractional distillation of petroleum. Unused virgin plastic beads are usually naturally white and people can add color beads to give the product the desired color. Some types of virgin plastic beads such as ABS, PP, PC, PS-GPPS, PA, HIPS, POM, PMMA,…

Primary plastic has high elasticity, soft and flexible properties, and can withstand warping and pressure. In terms of aesthetics, virgin plastic beads are highly appreciated due to their glossy, smooth surface, and bright colors and are often used in production that requires high safety, for example: manufacturing medical equipment, and food packaging,… Also used in many other manufacturing industries.

Receive trademark application in Vietnam

Organizations and individuals wishing to register trademarks for plastic resin products provide the following documents:

• Sample of trademark intended to be registered;
• Trademark owner information, including information about Enterprise Registration Certificate, ID card /Passport, address, phone number, email,…

After receiving complete dossiers, we will classify good and service classes bear to your trademark and search the distinctiveness. For reference, plastic pellet products, semi-finished plastic products, and synthetic plastic products can be classified into the following classes:

Class 17: Acrylic plastic, semi-finished products; Artificial plastic, semi-finished products; plastic; Artificial plastic in bar form used in production; thermoplastic reinforced with natural fibers; Artificial plastic in granular form for use in production.

Class 35: Buying, selling, importing and exporting products.

Steps for registering trademarks for plastic resin products

Trademark registration dossier

Under current Vietname IP Law, the trademark registration dossier includes the following documents:

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

How to apply for trademark registration

Organizations and individuals apply for trademark registration at the National Office of Intellectual Property in two ways:

Paper application submitted directly or via postal service

Organizations and individuals can apply at one of the application receiving points of the National Office of Intellectual Property, specifically:

• Intellectual Property Department headquarters in Hanoi;
• Representative office of the National Office of Intellectual Property in Ho Chi Minh City;
• Representative office of the Department of Intellectual Property in Da Nang City.

Note: In case of submitting a trademark registration application by post, organizations or individuals need to transfer money through the post office service, then photocopy the Money Transfer Receipt and send it along with the application to one of the following offices: Application receiving point of the National Office of Intellectual Property to prove the amount paid.

Online application form

Organizations and individuals need to meet the conditions of certificates and digital signatures to be able to register an account on the Online Application Receiving System and have the account approved by the Intellectual Property Office to perform industrial property registration transactions.

Trademark registration fee

The rates of industrial property state fees are specified in detail in Circular 263/2016/TT-BTC dated November 14, 2016, of the Ministry of Finance, regulating the collection rates, collection and payment regime, management, and use of industrial property state fees.

The good and service class is the basis for determining the state fees that the trademark owner must pay from the start of filing the trademark registration application until the issuance of the title and renewal of the Trademark Registration Certificate.

Trademark registration state fees are specifically regulated as follows:

Firstly, state fees for registering 01 trademark for 01 class of goods and services (no more than 06 products or 06 services in 01 class). includes the following state fees:

• Application fee: 150,000 VND
• Application publication fee: 120,000 VND
• Fee for search information to serve examination: 180,000 VND
• Application substantive examination fee: 550,000 VND

Secondly, in case there are more than 06 goods or 06 services in 01 class, the trademark owner must pay additional state fees for each additional 7th good/service incurred as follows:

• Information research fee to serve the examination of the 7th good/service onward: 30,000 VND.
• Application substantive examination fee for the 7th good/service onward: 120,000 VND.

Thirdly, fees for granting protection title:

• Fee for granting Trademark Registration Certificate: 120,000 VND
• Registration fee: 120,000 VND
• Trademark publication fee: 120,000 VND
• From the second good/service class onwards, the diploma fee will increase by 100,000 VND/01 good/service class.

In case after formality examination, the National Office of Intellectual Property issues an Official Dispatch on the results of the formality examination requesting to edit the brand description or edit the good or service class, then within the time limit of 02 months from the date of signing the document, the applicant needs to correct the errors and add 160,000 VND for the examination fee to request the amendment.

Executive Time for plastic pellet trademark registration in Vietnam

Under Vietnamese law, the timelimit for trademark registration is about 14-15 months.

However, due to the mass application in National Office of Intellectual Property, the real time for handling trademark application is about 24 months, not including the time for amendment and supplement of application.

Trademark registration service of IP Representative – Viet An Law

• Representing clients to conduct application procedures, and monitor and respond to the trademark registration process at Vietnam National Office of Intellectual Property.
• Consulting and supporting clients during the trademark registration process.
• Consulting on increasing trademark protection.
• Representing the client to draft the application for withdrawal of trademark registration as required.
• Consulting on minimizing risks related to the trademark registration and withdrawal process.

Clients who want to register a plastic pellet trademark registration in Vietnam, please contact Viet An Law for the best support!