Dental services Trademarks Registration in Vietnam

 One of the most widely used services today is dental services. Normally, consumers often choose private dental services instead of molars in the hospital, especially related aesthetic services. With such high market demand, there are many established dental service businesses. These service businesses always choose their own, impressive trademarks but not all of those trademarks are protected by law. To have exclusive and absolute protection, to avoid the phenomenons of counterfeiting and bad trademarking, dental service businesses need to register their trademarks exclusively at the state management agencies in charge of industrial property rights.

Viet An Law would like to give advice on the process and notices in performing procedures for trademark registration according to the current law.

Customers design a trademark sample for their dental services and send it to Viet An Law. Viet An Law will conduct a free preliminary search of the trademark within 01 – 02 working days from the date of receiving the trademark sample. After looking it up, Viet An Law will inform the possibility of registration for the trademark sample customers sent.

Viet An Law supports customers to classify dental services according to The Classification of classes of goods and services registered with the trademark (The Nice International Classification). Accordingly, dental services intended to register trademark are in class 44: Health services.

 The process and procedures for dental services trademarks registration include:

Step 1: Submit trademark registration application

Individuals and organizations wishing to register trademarks may themselves apply for trademark registration applications at the competent state agency. They also can authorize them through a representative of Viet An Law. At the same time, when submitting the registration application, customers shall pay the registration fee and take the receipt of the trademark registration fee to submit attached with the dossier.

 Attached with the application, customers need to provide these documents:

• A list of dental services intended to be registered;
• A trademark registration declaration;
• A power of attorney (if customers authorize the representative of Viet An Law to apply;
• 01 trademark sample (with dimensions not smaller than 3 x 3 cm, not bigger than 8 x 8 cm);
• Receipts of fee payments.

Viet An Law will conduct a draft of the dossier and represent for customers to submit the dossier at the Intellectual Property.

Step 2: Receive and process the application

The trademark registration application shall be received by the state management agency in charge of industrial property rights if that application meets the requirements according to provisions of Clause 1 Article 108 of the Law on Intellectual Property 2005.

After receiving the trademark registration application, the state management agency shall process the trademark registration application through the following stages:

Stage 1: Form appraisal

The trademark registration application is appraised form to assess the validity of the application, including necessary documents; grouping; stated object classification; right to submit;… Form appraisal period time is about 01 – 02 months from the date of submitting.

Stage 2: Publish the application

The application, which is accepted by the state management agency, will be published on the gazette within 02 – 03 months from the date the application is accepted as a contractual application.

Stage 3: Content appraisal

The accepted applicants will be appraised content at the same time. The time to appraise content is 06 months from the date the application is published.

Within content appraisal period time, the state management agency in charge of industrial property right has the right to request the applicant to explain the application, provide information of object stated in the application.

Step 3: Grant the protection title and register

The trademark registration applications, not the cases of refusal to grant the protection title specified in Clause 1, Clause 2, and Point b Clause 3 Article 117 of the law on Intellectual Property, the applicant pays the granting fee. After that, the state management agency in charge of industrial property rights issues a notice to grant the protection title and register on the National Register of Industrial Property Rights.

The time to grant the protection title is 01 – 02 months from the date of paying the granting fee.

Notices: A trademark protection period is 10 years from the submitting date, it can be extended an unlimited number of times at the end of the protection term. 

Viet An Law would like to provide legal services relating to trademark registration, copyright registration, renewal registration and trademark protection. Customers have any questions or needs, please contact Viet An Law directly for support in a timely.