Coffee Products Trademarks Registration in Vietnam

There are many famous trademarks in Vietnam such as Highlands Coffee, Starbucks coffee, Trung Nguyen, Vina coffee,… In which, there are foreign trademarks that are protected in Vietnam and there are trademarks of Vietnamese people creating. Once coffee products are protected under a trademark, the reputation of the producer and business will increase. This leads to gain more profits. For customers interested in trademark protection, the following trademark registration procedures can be referred:

Prepare a trademark registration application:

• A trademark sample with dimensions bigger than 3 x 3 cm and smaller than 8 x 8 cm;
• A list of goods/services intended to register: Goods/services are classified according to the Nice Classification. Coffee products are under class 30 (including artificial coffee);
• A trademark registration declaration (if customers authorize Viet An Law to submit, this declaration will be signed by the representative of Viet An Law);
• A power of attorney Viet An Law to submit;
• Receipts of fee payments.

After receiving the dossier, it takes 13 – 18 months for the competent state agency to register for a trademark and grant the protection title. Specifically:

• Form appraisal (01 – 02 months): The Intellectual Property Office will consider the validity of application (necessary documents; classification, stated objects classification; right to submit…) and issue a notice to accept as a valid application or refusal notice to accept (clearly state reason) if the applicant does not correct mistakes in the application;
• Publish the application on the gazette: The accepted applicants will be published within 02 months from the date of acceptance and the applicant shall pay the publication fee;
• Content appraisal (09 – 12 months): The purposes of this step are to evaluate the possibility of protection according to protection conditions an to determine the scope of corresponding protection. During this time, the Intellectual Property Office may request the applicant to explain the content, provide information relating to the nature of stated objects;
• Grant and Publish the protection title (01 – 02 months):

After being granted the protection title, the trademark owner can use the trademark or transfer someone to use it. However, the owner should take note of the use must be performed continuously. If the trademark has not been used for 5 consecutive years or more, the ownership shall be terminated.

Besides, after 10 years from the date of acceptance of the application, the protection title will expire. If customers want to continue to protect it, the owner shall go through the renewal process and pay the fee. The renewal must be performed within 06 months before the expiry date of the protection title or may be late but not later than 06 months from the expiry date.

To ensure the strongest possibility of protection, customers can use the services of Viet An Law including:

• Legal advice on intellectual property in general and trademark in particular;
• Conduct a search for trademark and consult, evaluate the possibility of trademark registration;
• Advice on amendment plan to increase the possibility of successful registration;
• Draft dossier and submit at the Intellectual Property office;
• Monitor the registration process at the Intellectual Property office;
• Represent for customers in the whole process and discuss with the Intellectual Property office;
• Discuss, provide information to customers in the process.

For any information relating to trademark registration in Vietnam, please contact Viet An Law to have the best detailed and specific advice.