Pharmaceutical Trademarks Registration in Vietnam

Pharmaceuticals are essential goods that directly impact human health and life. Not only are they subject to strict management from technical standards, but the identification of different pharmaceutical products is also very important in ensuring the health of consumers. Therefore, businesses are now increasingly interested in registering pharmaceutical brands to increase the recognition of their products and avoid counterfeit goods that negatively affect the health of users. In the following article, Viet An Law will present legal issues related to pharmaceutical trademark registration in Vietnam today.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022;
• Decree 65/2023/ND-CP elaboration on several articles and implementation measures of the law on intellectual property regarding industrial property rights, protection of industrial property rights, rights to plant varieties, and state management of intellectual property;
• Circular 23/2023/TT-BKHCN guiding the Law on Intellectual Property and Decree 65/2023/ND-CP on industrial property rights;
• Circular 263/2016/TT-BTC regulates the collection rates, collection regime, payment, management, and use of industrial property fees.

Classification of pharmaceutical products

According to the provisions of Vietnamese Intellectual Property law, a trademark registration application must be accompanied by a list of goods and services bearing the mark according to the classification in the Nice Classification (latest version) for registration to determine the scope of trademark protection. The classification of pharmaceutical products according to the latest Nice classification is recorded as follows:

• Class 5: Pharmaceuticals; Pharmaceutical preparations.
• Class 35: Distribution, import and export of pharmaceuticals.

Reputable pharmaceutical trademark in the Vietnamese market

Traphaco

Over the past 50 years, the Traphaco brand has built a leading reputation in the pharmaceutical industry in Vietnam thanks to the quality of products and services. Currently, we are implementing a Sustainable Development Strategy to build a leading modern pharmaceutical factory in Vietnam, using the latest technological equipment to create a “smart” factory. . Our distribution system continues to be improved by applying high technology and solutions to enhance client relationships.

Ha Tay Pharmaceutical

DHT and HATAPHAR are prestigious pharmaceutical brands of Ha Tay Pharmaceutical Joint Stock Company established in 1991 associated with the process of economic reform in Northern Vietnam. During its operation, the company has launched many reputable and quality pharmaceutical products, achieving many achievements in the innovation process such as the “Golden Lotus Cup” award in 2004 by the Ministry of Science and Technology. awarded technology, Golden Cup “brands and trademarks” in 2005, Award for Vietnamese health in 2009, Award for Top 10 best brands in Vietnam in 2015… The company is headquartered at 10A Quang Trung, Ha Dong, Hanoi.

Tam Binh Pharmaceutical

The company has invested in modern machinery and equipment, put into operation a factory that meets GMP standards for traditional medicine with an area of more than 8,000 square meters in Ninh Hiep Industrial Park, Gia Lam, Hanoi, and built a growing area. medicinal herbs meet GACP – WHO standards. Over a decade of construction and development, Tam Binh has launched many good quality products that are trusted by people. Products under the Tam Binh brand such as Vien Khop Tam Binh, and Dai Trang Tam Binh, … are known to many consumers and received a series of prestigious awards such as High-quality Vietnamese goods and popular Vietnamese goods. favorite consumers, Golden products for public health…

Sanofi

Sanofi, a leading corporation in the globally diversified healthcare sector, has achieved the number 1 position in the Vietnamese market in the categories of prescription pharmaceuticals, primary healthcare, and vaccines. In Vietnam, Sanofi has a pharmaceutical factory with an area of thousands of square meters a system of machinery and factory equipment with an investment value of up to hundreds of billions of VND. The warehouse system for storing raw materials and finished products meets GSP standards – Good medicine preservation practices, with a total warehouse area of up to 4,800 m2.

Hau Giang Pharmaceutical

Hau Giang Pharmaceutical is a leading enterprise in the pharmaceutical field in Vietnam. DHG, with existing strengths such as a widespread distribution system, production capacity, quality products, highly specialized staff, and effective business operations, has built itself as one of the leading reputable pharmaceutical brands in Vietnam.

DHG currently owns many different registered trademarks, typically the trademark with the following registration information:

Brand: DHG PHARMA

Application date: December 5, 2007

Protection title number: 4-0123512-000

Expiry date: December 5, 2027

Application owner: Hau Giang Pharmaceutical Joint Stock Company: 288 Bis Nguyen Van Cu, An Hoa ward, Ninh Kieu district, Can Tho City.

Exclusion factor: The trademark is protected as a whole. “PHARMA” is not specifically protected.

Good/service group:

• Class 3: Skin cream (used for beauty purposes); skin care mask; gel cosmetics used to apply to the skin; soft capsules for external use (beauty purposes), bath soap.
• Class 5: Pharmaceuticals; functional foods for medical purposes.

Research and register trademarks at the Vietnam National Office of Intellectual Property

Within the scope of this article, procedures are presented related to the registration process for domestic trademarks. In case you want to register an international trademark, please refer to the articles on trademark registration with Madrid application and foreign trademark registration of Viet An Law.

Step 1: Research the trademark

Researching the protectability of a trademark is not a mandatory procedure in registering a trademark, however, a trademark search should be done to determine the potential of protection for the trademark owner to make the necessary changes.

First, Viet An Law will conduct a preliminary search for clients within 1 day along with assessments and advice on trademark protection. In case there is a trademark identical or similar to the trademark you intend to register, Viet An Law will provide advice for you to make adjustments.

After conducting a preliminary search, clients should perform an profound search at the National Office of Intellectual Property through a Viet An Law representative to determine the highest protection ability of the trademark intended to be registered.

Step 2: Submit a trademark application

Trademark registration application is filed at the National Office of Intellectual Property, pharmaceutical trademark registration dossier:

• Trademark registration declaration;
• 01 trademark sample (not smaller than 3×3 cm, not exceeding 8×8 cm);
• List of goods and services intended for trademark registration;
• Power of Attorney for representative of Viet An Law Firm to apply for trademark registration;
• Proof of payment of trademark registration fee.
• Other documents (if any).

Step 3: Formality examination

The formality examination period will last 1 month from the time of application submission.

Step 4: Publication of the application

After being formally accepted, your trademark registration application will be published in the Industrial Property Official Gazette within 02 months from the date of signing the decision.

Then, any third party has the right to object to the grant of a trademark protection certificate from the date the application is published. The time limit for objecting to the grant of a protection certificate will last from the time the application is published in the Industrial Property Official Gazette until the trademark is granted a protection title.

Step 5: Substantial examination of the application

After the publication procedure, the trademark application will be examined for its content for protection registration within 09-12 months from the date the trademark application is published in the Industrial Property Official Gazette. If the application is opposed by a third party, the examination period may be extended.

Step 6: Granting the Trademark Registration Certificate

After the end of the substantial examination period, if the trademark meets the protection standards, the National Office of Intellectual Property will notify the granting of a trademark registration certificate.

Note: If the trademark application is opposed by a third party, the application examination deadline may be extended.

The fee for pharmaceutical trademark registration in Vietnam

State fees are regulated in Circular 263/2016/TT-BTC, according to which the applicant for pharmaceutical trademark registration must pay the following fees:

Service on pharmaceutical trademark registration in Vietnam of Viet An Law

• Legal advice on procedures and conditions for pharmaceutical trademark registration;
• Consulting on the feasibility of registering a pharmaceutical trademark;
• Preliminary search for the possibility of pharmaceutical trademark registration;
• Trademark search at the Vietnam National Office of Intellectual Property – Independent costs;
• Representing trademark registration for clients during the trademark registration process;
• Drafting trademark registration documents;
• Submit documents and monitor the registration and examination process at the National Office of Intellectual Property;
• Representing clients throughout the entire process of establishing rights and responding to official correspondence with the Vietnam National Office of Intellectual Property on trademark registration;

Above is content related to procedures for pharmaceutical trademark registration in Vietnam. If you need to register a trademark at home or abroad, please contact Viet An Law for the most effective support.