Porcelain Teeth Trademarks Registration in Vietnam

Currently, with comprehensive beauty techniques, artificial teeth are also being focused and developed. Porcelain teeth services are widely used to get beautiful smile. However, not any types of porcelain teeth attract consumers to use it. Psychology of consumers often choose trademarked and reputable porcelain teeth in the market. Therefore, along with the quality of products, enterprises businessing in porcelain teeth must create their own exculsive brand name and protect it by registering trademarks at competent state agencies.

 If customers want to register a trademark for porcelain teeth products, what documents are needed and what procedures are carried out? In the following, Viet An  Law would like to advise our customers:

Firstly, customers need to create a trademark intended to register for their porcelain products. Viet An Law can give advice to customers to design trademark to have high valid chance.

Customers send trademark sample intended to register to Viet An Law. Viet An Law will conduct a free preliminary search within 01 – 02 working days from the date of receiving the trademark sample. After searching, Viet An Law will notice customers about the possibility of trademark registration.

Viet An Law supports customers to classify porcelain teeth products according to the classification of goods and services of trademark registration according to the NICE International Classification. Accordingly, porcelain teeth products are classified in class 10: Artificial teeth.

The process and procedures for procelain teeth products products trademarks registration include:

Step 1: Submit trademark registration application

Individuals and organizations wishing to register trademarks may themselves apply for trademarks registration applications at the competent state agency. They also can authorize them through a representative of Viet An Law. At the same time, when submitting the registration application, customers shall pay registation fee and take the receipt of the trademark registration fee to submit attached with the dossier.

Attached with application, customers need to provide these documents:

• A list of procelain teeth products intended to be resgistered;
• A trademark registration declaraton;
• A power of attorney (if customers authorize the representative of Viet An Law to submit the application;
• 01 trademark sample (with dimensions not smaller than 3 x 3 cm, not bigger than 8 x 8 cm);
• Receipts of fee payments.

Viet An Law will conduct to draft the dossier and represent for customers to submit the dossier at the Intellectual Property.

Step 2: Receive and process the application

The trademark registration application shall be received by the state management agency in charge of industrial property rights if that application meets the requirements according to provisions of Clause 1 Article 108 of the Law on Intellectual Property 2005.

After receiving the trademark registration application, state management agency shall process trademark registration application through these following stages:

Stage 1: Form appraisal

The trademark registration application is appraised form to assess the validity of the application, including: necessary documents; grouping; stated object classification; right to submit;… Form appraisal period time is about 01 – 02 months from the date of submitting.

Stage 2: Publish the application

The application, which is accepted by the state management agency, will be published on the gazatte within 02 – 03 months from the date the application is accepted as a contractual application.

Stage 3: Content appraisal

The accepted application will be appraised content at the same time. Time to appraise content is 06 months from the date the application is published.

Within content appraisal period time, the state management agency in charge of industrial property right has the right to request the applicant to explain the application, provide information of object stated in the application.

Step 3: Grant the protection title and register

The trademark registration applications not the cases of refusal to grant the protection title specified in Clause 1, Clause 2 and Point b Clause 3 Article 117 of the law on Intellectual Property, the applicant pay the granting fee. After that, the state management agency in charge of industrial property right issues a notice to grant the protection title and register on the National Register of Industrial Property Right.

Time to grant the protection title is 01 – 02 month from the date of paying the granting fee.

Notices: A trademark protection period is 10 years from the submitting date, it can be extended for unlimited number of times at the end of the protection term.

Viet An Law provides trademark registration service to protect intellectual property for customers, including:

• Advices on procedures and conditions for an extension of trademark protection;
• Advices on the possibility of a trademark registration protection;
• Conduct a preliminary search about possibility of a trademark registration;
• Represent for customers in the whole process of establishing and responding to the Intecllectual Property office about protecting the trademark;
• 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.