Lipsticks Trademarks Registration in Vietnam

Beauty is an essential need of women. One of the indispensable products is lipstick. Currently, in the market, there are many types of lipsticks for customers to choose from. Customers usually buy lipsticks with clear trademarks and avoid counterfeit products. In addition to the famous lipstick trademarks in the world such as Mac, Maybelline, Shu,… there are many other lipstick trademarks in the market, but not all lipstick have their trademarks. This is a reason for the loss of trustworthiness and customers of lipstick’s trademark. Therefore, when choosing for their lipstick company to have an eye-catching trademark with good quality lipstick, manufacturers should also register a trademark for their lipsticks to be protected. Besides, it also prevents counterfeiting. 

Viet An Law would like to provide customers procedures for lipstick trademark registration according to law.

         First, lipsticks are underclass 03 cosmetics according to the Nice Classification.

         Procedures, orders for lipsticks trademark registration includes the following stages:

Step 1: Submit the trademark application

         Individuals, organizations wishing to register a trademark can directly apply to the competent state agency or can through the representative of Viet An Law to submit. When applying, customers shall pay the registration fee and take the receipts to submit.

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

• A list of goods/services intended to register;
• A trademark registration declaration;
• A power of attorney Viet An Law to apply;
• 01 trademark sample with dimensions bigger than 3 x 3 cm and smaller than 8 x 8 cm;
• Receipts of fee payments.

Step 2: Receive and consider the application

         The application is received by the competent state agency in charge of industrial property if it meets the requirements prescribed in Clause 1 Article 108 of the Law on Intellectual Property.

         After receiving the application, the agency continues to perform procedures:

Stage 1: Form appraisal

         The application is appraised form to evaluate the validity including necessary documents; classification; stated objects classification; right to submit;… If the application is valid, the agency will issue a notice to accept it as a valid application and perform procedures for granting the protection title, record on the National Register of Industrial Property. If the application is one of the cases prescribed in Clause 2 Article 109 the Law on Intellectual Property, the agency will issue a refusal notice (clearly state reason).

         The time to appraise the form is 01 month from the date of submission.

Stage 2: Publish the application

         The accepted application will be published on the gazette within 02 months from the date of acceptance.

Stage 3: Content appraisal

         The accepted application is also appraised content. The purposes of this step are to evaluate the possibility of protection and to determine the scope of corresponding protection. The time to appraise content is 06 months from the date of publication. During content appraisal time, the agency may request the applicant to explain the content, provide information relating to the nature of stated objects.

Step 3: Grant the protection title and publish

         The application is not one of the refusal cases to grant the protection as prescribed in Clause 1, Clause 2 and Point b Clause 3 Article 117 the Law on Intellectual Property and the applicant pay the fee, the agency will decide to grant the protection title and record it on the National Register of Industrial Property.

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

Notices: The time to protect a trademark is 10 years from the date of submitting and can be renewed many consecutive times. Before the expiry date of 06 months, customers shall submit the renewal application and pay the renewal at the Intellectual Property Office if customers continue to use the trademark.

Viet An Law provides legal services relating to registering a trademark:

• Legal advice on orders and procedures for trademark registration;
• Consult the strongest possibility of registration;
• Conduct a preliminary search for the trademark;
• Search for the trademark at the Intellectual Property office;
• Represent for customers to register a trademark;
• Draft the trademark registration dossier;
• Submit and monitor the process;
• Represent customers in the whole process and discuss with the Intellectual Property office about trademark registration in Vietnam.