Register a pet care trademark in Vietnam

Registering a pet care trademark has many important benefits. Registration creates differentiation and recognition for the service we provide while the owner can build trust and credibility with clients. In addition, registering a trademark will provide legal protection to the owner to prevent others from using a similar trademark or causing confusion among the public about the origin and quality of the service. provide. In the article below, Viet An Law Firm will provide clients with the necessary information when they need to register a pet care trademark in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.

What is trademark registration?

Trademarks are signs used to distinguish goods and services of the same type produced or provided by different businesses. Signs used as trademarks must be visible signs including words, phrases, phrases, logos, images, or a combination of these elements presented in black and white or color.

Vietnamese Law on Intellectual Property does not provide a specific definition of what trademark registration is, but it can be simply understood that trademark registration is a procedure that individuals and organizations need to perform to establish their industrial property rights to that mark.

According to Clause 3, Article 6 of the Intellectual Property Law, the establishment of industrial property rights over a trademark is expressed through a decision to grant a protection title by a competent Vietnamese state agency or recognition of registration signed internationally under international treaties to which Vietnam is a member, except in cases where the mark is famous.

Classification of trademark for pet care service

Before registering a pet care service trademark, we need to classify which group the pet care service belongs to.

Pet care services are a field that specializes in the health care and treatment of animals, especially pets and agricultural animals. It includes medical services and comprehensive care to maintain animal health and prevent disease. Thus, pet care services are included in the group of veterinary services.

Veterinary services include activities such as routine health checks, vaccinations, disease treatment, surgery, testing and diagnosis, dental care, medical examinations, and advice on nutrition and husbandry.

Veterinary services belong to the classification services group 44, including Medical services; Veterinary services; Hygiene and beauty care for humans or animals; Agricultural services, aquaculture, horticulture services, and forestry services.

Information on some registered pet care service trademarks in Vietnam

Procedures to register a pet care trademark in Vietnam

Step 1: Choose a consulting unit

When registering a trademark, choosing a consulting unit is very important in helping clients register trademarks quickly and properly. Viet An Law Firm is an experienced unit, which is also a representative legally in Vietnam. If you use our services, clients will be guaranteed all benefits when registering a trademark.

Step 2: Research the pet care service trademark

After designing the trademark, clients will research whether the trademark can be registered or not. In case the results show that the trademark is capable of registration, the client should proceed to apply as soon as possible to receive the priority date.

After a preliminary search, we find that the trademark is not capable of being registered, we will present relevant evidence to find a solution for the trademark that is capable of granting a title of protection. If it is possible to register a trademark, we will conduct a profound search and pay a search fee.

Note:

• After conducting a preliminary search of the trademark and finding it capable of registration, the trademark owner requests a profound search to best assess the possibility of granting a protection title;
• Profound search is a completely voluntary procedure on the part of the applicant;
• The search is for reference only.

Step 3: Apply to register a pet care service trademark

After a profound search and the trademark is assessed as capable of registration, the applicant proceeds to submit the registration application. The agency that receives and processes documents and collects registration fees in Vietnam is the Vietnam National Office of Intellectual Property.

Trademark registration documents for veterinary care services include:

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

Step 4: Formality examination of the registration application

• Deadline: 01 month from the date of application.
• The National Office of Intellectual Property will consider whether the application meets the requirements in terms of form, label sample, application owner, filing rights, and
• If the enterprise’s registration application meets the conditions, the National Office of Intellectual Property will issue a Notice accepting the valid application and publish the application.
• If the registration application does not meet the conditions, the National Office of Intellectual Property will issue a Notice of non-acceptance of the application and request the enterprise to make amendments.

Step 5: Publication of the application

• Time limit: 02 months from the date of notification of acceptance of valid application.
• Content of publication: Information about valid applications recorded in the notice of acceptance of valid applications, trademark samples, and list of goods and services.
• Form of publication: On the website of the National Office of Intellectual Property and the Industrial Property Official Gazette.

Step 6: Substantive examination of the application

Time limit: 09 months from the date of application publication.

The National Office of Intellectual Property reviews the conditions for trademark registration. Consider evaluating the possibility of granting a certificate to the trademark that the applicant has registered. If the application meets the conditions, the National Office of Intellectual Property will issue a Notice of intention to grant a trademark protection certificate. If the conditions are not met, the National Office of Intellectual Property will issue a Notice not to grant a trademark protection certificate. The owner of the trademark application has the right to review and send a written response and appeal against the decision of the National Office of Intellectual Property.

Step 7: Pay the fee for granting a protection title

After receiving notice of intention to grant a certificate of protection, the applicant shall proceed to pay the fee for granting a certificate of trademark registration.

Step 8: Issue the pet care service Trademark Registration Certificate

• After paying the fee, the National Office of Intellectual Property will issue a trademark protection certificate within 2-3 months from the date of payment of the fee.
• Trademark registration time is about 12-18 months from the date of acceptance of a valid application.
• Trademarks are protected for 10 years from the date of filing.

How to research trademarks in Vietnam?

Research online at the online database of the National Office of Intellectual Property

Step 1: Access the website of the Digital Library on Industrial Property of the Vietnam National Office of Intellectual Property: http://wipopublish.ipvietnam.gov.vn/

Step 2: Enter the trademark information you want to search for.

The screen displays search trademark fields, good/service groups, image classification,…

In case you need to find a previously registered trademark name, enter complete information in the boxes next to the following cases:

• Trademark search;
• Representative;
• Applicants;

In case of checking whether the brand name is identical or similar, enter information in the box next to the following cases:

• Trademark search;
• Good/service class.

After entering all information, press Search.

Step 3: Research the trademark

The screen will display the relevant brands as the information entered

To know the exact information about the brands displayed in the search results, click on the series of numbers in the Single Number column.

Detailed information about the brand you want to search for will be displayed.

Advanced research

With advanced search methods, we will authorize and receive support from experts at the Vietnam National Office of Intellectual Property. When receiving search dossiers, experts will directly search the database of the National Office of Intellectual Property. So the accuracy rate will be higher. However, this form of searching will cost money.

Above is an article about the current regime regulate the procedure to register a pet care trademark in Vietnam. If you have any related questions, please contact Viet An Law Firm to receive the best support!