Medical treatment has always been one of the most essential human needs, especially in Viet Nam where the population reaches a number of more than 94 million people. As a result, the development of the pharmaceutical industry is considered indispensable with various pharmaceutical products. In that context, a brand name serves as a perfect distinguishing feature. Therefore, Companies are paying more and more attention to registering their trademarks.
Vietnam Intellectual Property Law requires a list of trademarked products to be categorized in order to determine the scope of protection. The classification is based on the NICE classification 11th Edition, under which the pharmaceuticals fall within class 05.
Though it is not a compulsory procedure, the search on the protection feasibility is advised so that the applicants can determine whether their trademark(s) is/are entitled to protection and make necessary changes accordingly.
First, Viet An Law shall conduct a preliminary search for its client within 01 day, together with giving assessment and advice on the feasibility of the trademark. In case there is a trademark that is identical or similar to the intended trademark, Viet An Law will propose to its client some possible adjustments.
After the preliminary search, the client is advised to perform an informal search at the NOIP through a representative of Viet An Law to ensure the highest protection of the trademark applied for registration.
Trademark registration applications are filed at the National Office of Intellectual Property.
Cosmetic trademark registration dossier:
The Form Appraisal period shall take 1 month from the filing date.
After its form has been approved, the trademark registration application will be published in the Industrial Property Official Gazette within 2 months from the date of signing the decision. From the date of publication, Any Third Party has the right to oppose the grant of a trademark protection certificate. The time limit for objecting to the grant of a protection certificate shall last from the time the Application is published in the Industrial Property Official Gazette to the time the mark is finally granted protection.
After the publication procedure, a trademark registration application will go through a substantive examination regarding the feasibility for registration in a period of 9-12 months from the date the trademark registration application is published in the Industrial Property Official Gazette. If the defendant is opposed by a third party, the application examination time limit may be extended.
After the substantive examination term has expired, the NOIP will notify the grant of the trademark protection certificate, if the mark meets the protection standards.
If, otherwise, the Respondent is contested by a third party, the examination period may be extended.
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