How to protect trademark for a thermos lunch box in Vietnam

Thermal lunch box is also known as thermal camen. This is a household appliance that keeps food hot, suitable for many people who are working or going to school. When put into business, to receive exclusive protection of the thermo lunch box brand, the owner needs to register a trademark for this product. The article below will guide client how to protect trademark for a thermos lunch box in Vietnam according to current law.

Classify product classes to register trademarks for thermos lunch boxes

According to the International Classification of Goods and Services under the Nice Agreement, version 12-2024, thermal rice containers are classified into the following classes:

Class 6

Common metals and their ores and alloys; Metal construction materials; Transportable metal structures; Metal cables and wires are not normally used to conduct electricity; Hardware and small items made of iron; Metal containers for storage or transportation.

Class 17

Semi-finished and unprocessed rubber, peccadilla, gum, asbestos, mica and substitutes for these materials; Plastics and resins in extruded form, used in production; Materials for packaging, sealing and isolating; Non-metallic hoses.

Class 21

Household or kitchen utensils and containers; Cooking utensils and tableware, except forks, knives and spoons; Comb and sponge; Brushes, other than brushes; Materials used to make brushes; Cleaning supplies; Raw or semi-finished glass, except construction glass; Glass, ceramic, porcelain and earthenware.

Class 35

Wholesale and retail services, distribution, import and export of thermal lunch boxes.

Some reputable brands of thermos lunch boxes in Vietnam

Lock&Lock lunch box brand

Lock & Lock is a famous Korean representative in the home appliances and kitchen utensils market. Lock&Lock thermal lunch boxes are not only popular with their fashionable design but are also highly appreciated for their quality. With a variety of designs and materials, Lock&Lock has won the trust of consumers, especially office workers.

Lock&Lock lunch box brand is registered in Vietnam for Class 21: Lunch boxes.

Elmich lunch box brand

Recognizing the growing needs of consumers, reputable manufacturers offer smart, modern and convenient office lunch box models. Among the list of the most popular office lunch boxes, Elmich confidently possesses an outstanding design in both style and features, becoming one of the top choices for thermos lunch boxes today.

Elmich lunch box brand is registered in Vietnam Class 6: Food containers.

Tiger lunch box brand

Tiger – a thermos lunch box brand from Japan, has conquered the Vietnamese market with quality products and perfect design. The combination of safe materials and smart design makes Tiger always the top choice for consumers in Vietnam.

Tiger lunch box is registered in Vietnam for Class 35: Retail service of thermal lunch boxes.

Detailed information

Owner: TIGER CORPORATION

Application number: 4-2016-31166

Application date: October 6, 2016

Degree issuance date: July 29, 2019

Trademark: TIGER

Good/service classification:

Class 35

Retail services for electric rice cookers, electric rice cookers, electric water heaters, electric kettles, electric baking pans, round plate electric stoves, electric coffee makers, electric toasters, electric sandwich grill, electric sandwich toaster, electric food fryer, electric fish grill, electric air purifier, electric air humidifier, electric oven , electric food cooker, electric dish dryer, electric rice cooker for commercial purposes, electric porridge cooker, induction cooker, microwave, thermos lunch box, stainless steel vacuum flask rusty, stainless steel food containers, liquid thermos, stainless steel insulated cups/mugs, insulated pouring bottles, rice containers and dividers, thermos food containers, insulated boxes for use containing food or beverages, vacuum incubator.

Right to register a trademark for a thermos lunch box

Pursuant to Article 87 of the Intellectual Property Law 2005, it is stipulated that subjects are entitled to register a trademark for thermos lunch box if they fall into one of the following cases:

• Organizations and individuals produce thermos lunch box, or put on the market but are produced by others provided that the manufacturer does not use the trademark for the product and does not object to such registration.
• A legally established collective organization has the right to register a collective mark for use by its members according to the regulations on use of collective marks; For signs indicating the geographical origin of goods or services, the organization has the right to register as a collective organization of organizations and individuals conducting production and business in that locality.
• Organizations with the function of controlling and certifying quality, characteristics, origin or other criteria related to goods and services have the right to register certification marks with the condition that they do not produce or trade goods and services.
• Two or more organizations and individuals have the right to jointly register a trademark to become co-owners with the following conditions :
• The use of that mark must be on behalf of all co-owners or used for goods and services in which all co-owners participate in the production and business process;
• The use of that mark does not cause confusion to consumers about the origin of the goods or services.

Prepared documents to protect trademark for a thermos lunch box in Vietnam

Submit by normal method

Pursuant to Article 100 and Article 105 of the Intellectual Property Law, the application for registration of trademark protection for thermos lunch box includes the following documents:

• 02 declarations for trademark registration of thermos lunch boxes according to Form No. 08, Appendix 1 issued with Decree 65/2023/ND-CP;
• 05 Trademark samples of thermos lunch boxes sized 80×80 mm;
• Proof of payment of state fees;
• Power of attorney for Viet An Law (if applying through a representative);
• Document proving the right to registration if the applicant benefits from another person’s right to registration;
• Documents proving priority rights, if requesting priority rights .

Note: In case the trademark registration application is for a collective mark or certification mark, the following additional documents are required:

• 01 Regulations on use of collective marks/certification marks;
• 01 Explanation of the characteristic (or specific) nature and quality of the product bearing the mark (if used for products with specific characteristics or product quality certification, geographical origin certification) ;
• 01 Geographic area map (if it is a mark certifying geographical origin or contains place names or other signs indicating the geographical origin of local specialties);
• 01 Document of the People’s Committee of the province or centrally run city allowing trademark registration (if containing place names or other signs indicating the geographical origin of local specialties)

Submit with a Madrid application with Vietnam origin

Pursuant to Clause 3, Article 25 of Decree 65/2023/ND-CP, stipulating documents when registering a thermo lunch box trademark with Madrid application include:

• Declaration requesting international registration of a trademark of Vietnamese origin according to Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP;
• 02 MM2 declaration forms according to the International Office’s form in English or French;
• 02 trademark samples identical to the trademark in the registration application filed in Vietnam (basic application) or trademark registration certificate (basic registration);
• 02 MM18 declaration forms in English (if the application specifies the United States);
• Power of Attorney in Vietnamese (in case the application is submitted through a representative);
• Proof of payment of fees for carrying out international registration procedures for trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Clients who need to register a trademark in Vietnam and abroad, please contact Viet An Law, hotline  (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat), for the fastest, most professional support at the most reasonable cost!