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