Food Trademarks Registration in Vietnam

When establishing a business, an important factor for customers to recognise the brand of the business is the trademark (logo) of the products that the business produces and trades. Especially for the food market, a distinctive, creative and impressive trademark name is a way to promote the brand of the business. Trademark is intangible assets but it has a sustainable value of the business during the operation process, so the registration of a trademark protection is extremely important.

Group of registered food trademarks

            The classification of products for trademarks intended to register is to define the scope of protection. According to the Nice Classification version 10, food products are classified as follows:

• For food of animal origin as well as edible vegetables and garden products prepared for consumption or preservation is classified in class 29.
• For food of vegetable origin prepared for consumption or preservation as well as spices for food using is classified in class 30.
• Infant food (class 5); dietary supplements (class 5); and a number of plant foods from different groups that need a specific search in the alphabetical list.

Food trademark registration procedures in Vietnam

Search for a trademark registration in Vietnam:

            In order for a new trademark to be protected, it is necessary to satisfy many factors and it takes a long time to be considered for a protection title, usually from 12 – 18 months. Therefore, although a search is not required before registering a trademark, the trademark owner should conduct a search for the possibility of a trademark being registered before applying for protection for a reasonable solution.

            After searching for a trademark and finding that the trademark is likely to be protected, the owner will prepare an application and submit it to the Intellectual Property office.

A trademark registration application in Vietnam  includes:

• A trademark registration declaration (this declaration form is in 04-NH prescribed in Appendix A Circular No.01/2007/TT-BKHCN);
• A trademark sample: this trademark must be clearly presented (the size must not be smaller than 3 x 3 cm, not bigger than 8 x 8 cm), the whole of the trademark must be presented in a model 8 x 8 cm in size on the declaration;
• A valid copy of personal identification document if the owner is an individual. If the owner is an organization, submit business registration certificate or investment certificate.
• Receipt of payment of fees and charges.

Registration process and Trademark registration cost in Vietnam:

Registration process:

In case customers submit a trademark registration application through an intellectual property representative of Viet An Law, the content of trademark registration of Viet An Law includes:

• Advices on intellectual property in general and trademark in particular;
• Conduct a trademark search and assess successful of granting a protection title;
• Advices on how to revise the intended trademark to increase the probability of successful registration;
• Draft the application and submit the application at the Intellectual Property office;
• Track the registration process and exam the application at the Intellectual Property office;
• Represent customers in the whole process of establishing rights and respond to the Intellectual Property office about the protection of trademark;
• Discuss and provide information about the trademark registration process to customers.

Information, documents provided by customers in Vietnam:

• Name and address of the trademark owner (in case the customers register under the name of the company, name/address of the company shall match with the Business Registration Certificate);
• A trademark sample for registration;
• A list of products, services for registration;
• A power of attorney for Viet An Law Intellectual Property representative to carry out the trademark registration procedures.

Trademark registration fee in Vietnam:

The trademark registration fee will be calculated based on the number of groups and products in each category specified in the application. The higher the number of subscriptions or products in each category, the higher the cost. Therefore, customers shall provide the main business lines to know the branded products and services, from which to know exactly cost of implementation.

Process time to register trademark in Vietnam:

The trademark application process goes through these following stages:

• Form appraisal (01 – 02 months);
• Publish the application on the gazette (02 months);
• Content appraisal (09 – 12 months);
• Grant and publish the Trademark Registration Certificate (01 – 02 months).

Enterprises and individuals wishing to register trademark & trademark renewal in Vietnam please contact Viet An Law for detailed instructions on filling a trademark registration application.