Medical masks Trademarks Registration in Vietnam

During the Covid-19 epidemic broke out in a lot of countries around the world and it is also a posed a threat to everyone’s health. As recommended by the World Health Organization to ensure the spread of of the disease, everyone should wear medical masks in public places. After the outbreak of the medical mask market, more and more medical mask models are launched, as well as more medical mask businesses are established. Therefore, the trademark registration of medical masks is extremely necessary to protect the rights of owners.

Legal basis in Vietnam

Consolidated Document No.07/VBHN-VPQH 2019 Law on Intellectual Property;

Decree No.103/2006/ND-CP detailing and guiding the implementation of a number of articles of the Law on Intellectual Property regarding industrial property;

The Nice International Classification of goods and services version 11-2021, medical masks is in group 10 of the classification.

Protection conditions for a medical masks trademark in Vietnam

            According to Article 72 of the current Law on Intellectual Property, a trademark is protected if that one requires these following conditions:

• A trademark is a visible sign in the form of letters, words, figures, pictures, including holograms or a combination of those elements, expressed in one or more colors;
• A trademark is being able to distinguish goods and services for the trademark owner from those of other subjects.

Right to register a trademark of medical masks in Vietnam

            According to Article 87 of the current Law on Intellectual Property, the following subjects are entitled to register a trademark of medical masks:

• Organizations and individuals have the right to register a trademark for their medical mask products;
• Organizations and individuals counducting lawful commerical activities have the right to register a trademark for medical masks that they put on the market but these medical masks are manufactured by others. On the other hand, the owners, who manufactured these medical masks, do not use a trademark for the medical masks and do not object to the registration;
• Lawfully established collective organizations have the right to register collective trademark for their members to use according to the regulations on the use of collective trademarks;
• Organizations, which have the function of controlling and certifying quality, characteristics, origin or other criteria related to medical masks, have the right to register certification trademarks provided that they do not produce or trade in them medical masks;
• Co-owner of a medical mask trademark.

Search for a trademark in Vietnam

            This is a completely voluntary procedure for the applicant. However, this procedure should be carried out as it is the first and important step in the preliminary assessment of a trademark. This search is for reference only and it is not a basis for granting or not granting title.

• Preliminary search: Viet An Law will conduct a preliminary search for customers within 01 working days from the date of receipt of a trademark sample.
• Unofficial search at the Intellectual Property: Viet An Law will assess the highest rate in possibility of protection.
• Necessary documents for the search: 03 trademark samples, the size of which is not smaller than 3 x 3 cm, not bigger than 8 x 8 cm.

A medical masks trademark application in Vietnam

• A trademark registration declaration (this declaration form is in 04-NH prescribed in Appendix A TT 01/2007/TT-BKHCN);
• Regulations on the use of a medical masks trademark (in case the medical masks trademark is claimed for protection is a collective trademark);
• Trademark samples (09 samples, dimension is not larger than 80 x 80 mm);
• A copy of documents certifying the right to submit a legal medical masks trademark registration application (if any);
• A copy of legal certifications of business rights, business registration certificates or business licenses;
• A power of attorney if authorizing other organizations and individuals to submit application;
• Receipts of the registration fee.

Procedures for a medical masks trademark registration in Vietnam

Step 1: Submit a medical masks trademark registration application to the Intellectual Property office of Vietnam. This application can be submitted directly or by post.

Step 2: Appraise the form of a trademark registration application.

Step 3: After a decision is made to accept a valid application, the application will be posted in the gazette.

Step 4: Appraise the content if requires all conditions or not.

Step 5: The Intellectual Property office will announce intention to grant a title or intend refusal.

            However, Viet An Law will help customers to prepare these documents through the trademark registration service of Viet An Law.

Process time to grant a title in Vietnam

            02 – 03 months from the date of of payment of the title fee.

            After having a decision to grant a title, the enterprises pays a fee for granting and obtaning the trademark protection title.

            Currently, examination of a trademark registration application from the time of submission to the grant of a title or refusal to grant a title normally lasts from 15 to 18 months.

Term of a trademark protection in Vietnam

            A trademark is protected for 10 years from the date of submitting, it can be extended without limitation at the end of the term of protection. Therefore, enterprises can own a trademark and be the accompanying asset during its operation if enterprises always renew the trademark protection title in accordance with the regulations after 10 years of expiration.

• Advices on procedures and conditions for an extension of trademark protection;
• Preliminary search and give advices on the possibility of a trademark registration protection;
• Draft trademark protection documents;
• Apply and track the trademark protection process at the Intellectual Property office;
• Represent for customers in the whole process of establishing and responding to the Intecllectual Property office about protecting the trademark;
• Discuss, provide informations for customers in the process protection of a trademark registration.

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.