Pharmaceutical Trademarks Registration in Vietnam

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.

Pharmaceutical products classification

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.

Trademark Search and Registration at the National Office of Intellectual Property

Step 1: Trademark search

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.

Step 2: Trademark Registration application

Trademark registration applications are filed at the National Office of Intellectual Property.

Cosmetic trademark registration dossier:

• Trademark registration declaration;
• 01 trademark sample (not less than 3 × 3 cm, not exceeding 8 × 8 cm);
• List of products and services applied for registration;
• Power of attorney for the representative of Viet An Law Firm to submit a trademark registration application;
• Payment receipt of the trademark registration fee.

Step 3: Form Appraisal

The Form Appraisal period shall take 1 month from the filing date.

Step 4: Application publication

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.

Step 5: Substantive appraisal

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.

Step 6: The grant of a certificate

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.

Trademark registration services provided by Viet An Law

• Legal advice on procedures and conditions for trademark registration for cosmetic products;
• Consult on the feasibility of the cosmetic products when applied for a trademark certificate;
• Conduct a preliminary search on the feasibility of the cosmetic products when applied for a trademark certificate;
• Conduct a search on trademark at the National Office of Intellectual Property – Independent cost;
• Represent its client in the process of trademark registration;
• Draft trademark registration documents;
• Fill and keep track of the registration and examination process at the National Office of Intellectual Property.
• Represent its client in the whole process of establishing rights and responding to the National Office of Intellectual Property regarding the trademark registration