Toothpaste is a familiar product to every family, helping to clean and protect teeth effectively. However, many trademarks are widely copied, causing confusion among consumers. Trademark registration has become an urgent requirement for businesses and manufacturers. The question many customers are interested in is how to register a toothpaste trademark. To answer customers’ questions, Viet An Law Firm offers an article on the way to register a toothpaste trademark in Vietnam below.
Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019,
Decree 65/2023/ND-CP provides detailed regulations on industrial property, protection of industrial property rights, and management of plant varieties.
What is a trademark?
Trademark according to the definition of the World Intellectual Property Organization (WIPO): trademarks are “signs used to distinguish goods and services of the same or similar type from production facilities, different businesses”.
Vietnam’s Intellectual Property Law also provides the following definition of a trademark: a sign used to distinguish goods and services of different organizations and individuals (Clause 16, Article 4 of the Intellectual Property Law).
Trademarks can be divided into groups including:
A collective mark is a mark used to distinguish the goods and services of members of the organization that owns that mark from the goods and services of organizations and individuals that are not members of the organization. there.
A certification mark is a mark that the mark owner allows other organizations and individuals to use on the goods and services of that organization or individual to certify the characteristics of origin, raw materials, and materials. material, method of producing goods, method of providing services, quality, accuracy, safety or other characteristics of goods or services bearing the mark.
A sound trademark is a trademark created from signs that are sounds, recognizable by hearing, and can be composed of a combination of monosyllables or tones, used to distinguish the commercial origin of the product or service.
A three-dimensional trademark, also known as a stereoscopic trademark, is a shape expressed in three-dimensional space: length, width, and height. That shape can help consumers identify the commercial origin of a product or service.
A famous trademark is a trademark widely known by consumers throughout the territory of Vietnam.
Why should we register a toothpaste trademark in Vietnam?
First, registration helps protect the owner’s rights including:
Successful trademark registration means the owners will legally own the trademark for that toothpaste product. The owner has the full right to perform actions to establish ownership of the trademark.
Protect the owner against acts of infringement of products bearing registered trademarks of other entities, specifically acts of counterfeiting, copying, and imitating competitors’ products.
Do not confuse with other ownership rights.
Second, registration brings various great benefits:
Registering a trademark for toothpaste products is also a form of bringing the product to the public to help promote the product and stimulate business development. Trademarks play a big role in a business’s business activities, helping to position products and services in the minds of customers as well as create a difference in the market.
Create trust from partners and consumers. Ensure products are protected by trademark law, preventing infringements that negatively affect business.
Some trademarks related to reputable toothpaste products on the market
Colgate toothpaste trademark
Colgate belongs to the Colgate-Palmolive company founded by William Colgate in 1806 in the US. Considered a leading company in dental products including toothpaste, toothbrushes, and mouthwash, Colgate focuses on diversifying products with quality and reasonable prices.
P/S toothpaste trademark
P/S is a famous Vietnamese toothpaste trademark, used for a long time. The P/S toothpaste trademark was born in 1975 and is famous in the domestic market thanks to its quality and affordable price.
Sensodyne toothpaste trademark
Sensodyne is the toothpaste trademark of GlaxoSmithKline – a leading pharmaceutical corporation in the world headquartered in the UK. Sensodyne toothpaste is recognized by everyone as a good product with the most advantages for each person’s choice.
Aquafresh toothpaste trademark
Aquafresh toothpaste was first introduced to the European and American markets in 1973. Currently, Aquafresh toothpaste imported directly into Vietnam is Aquafresh US toothpaste, some portable types have other origins such as Aquafresh toothpaste in Russia, Japan,… Among them is the toothpaste line. Japan and America are the most popular.
Close Up toothpaste trademark
Close Up is a toothpaste trademark owned by Unilever Group. First launched in 1967, widely used in European and American markets. But since the beginning of the 21st century, Close Up has become one of the most famous and used toothpaste trademarks in the world.
Thai Duong toothpaste trademark
Thai Duong is a Vietnamese pharmaceutical trademark. This is a specialized product for cases of gingivitis, canker sores, bad breath, and sensitive teeth.
Register a toothpaste trademark in the Vietnam process
Under the Intellectual Property Law and related documents, trademark registration for toothpaste is carried out according to the following steps:
Step 1: Choose a trademark and products and services for the trademark
Trademark selection: Choose a trademark model that meets protection standards. The selected trademark is not similar to other registered trademarks or famous trademarks.
Selecting a list of products to register: need to select a list of products and services bearing the trademark according to the instructions above. Grouping of products and services should be done according to the International NICE Classification of trademarks with the latest updated versions.
Step 2: Research the trademark
To perform a trademark search, customers only need to provide Viet An Law:
List of goods and services that need to be searched and registered.
Step 3: Submit the registration application
After profound research and the trademark is assessed as capable of registration, the applicant proceeds to submit the registration application.
Agency receiving and processing documents and collecting registration fees in Vietnam: Vietnam National Office of Intellectual Property.
Step 4: Formality examination of the registration application
The time limit for formality appraisal of a trademark application is 01 month from the date of application submission.
The National Office of Intellectual Property will consider whether the application meets the requirements in terms of form, label sample, application owner, filing rights, grouping, etc.
If the business’s registration application meets the conditions. The National Office of Intellectual Property will issue a Notice of acceptance of the valid application and publish the application.
If the business’s 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. The application owner and representative of the application owner shall make amendments as requested. After that, submit the amended dispatch to the National Office of Intellectual Property and pay additional fees if the group is classified incorrectly.
Step 5: Publication of the trademark registration application
Time limit for publication of trademark application: 02 months from the date of notification of acceptance of valid application.
The application publication content includes Information about the valid application recorded in the notice of acceptance of the valid application, trademark sample, and list of goods and services.
Step 6: Substantial examination of the application
The time limit for Substantial examination is 09 months from the date of publication of the application.
Step 7: Pay the fee for granting a trademark registration certificate
After receiving notice of intention to grant a protection title, the applicant shall proceed to pay the granting fee.
Registering a trademark for a toothpaste product is an administrative procedure that is not too complicated but can easily cause major risks due to invalid documents. The time taken to carry out this procedure is very long. If business entities encounter risks, it will greatly affect business activities.
In addition to problems caused by invalid documents, self-employed entities without expertise or experience will not be able to evaluate the success rate of the registered trademark. As a result, the registered trademark is identical to the trademark that has been granted a protection certificate.
Application for trademark registration of toothpaste products
The application for toothpaste trademark registration includes the following documents:
Trademark registration declaration;
Sample trademark attached;
Proof of payment of fees;
Regulations on the use of collective marks or certification marks;
An explanation of the characteristic (or specific) nature and quality of the product bearing the mark (if the mark is registered as a collective mark used for products with specific characteristics or as a certification mark product quality or a mark certifying the geographical origin of local specialties);
Map of geographical area (if the registered trademark is a trademark certifying the geographical origin of the product, or the trademark contains place names or signs indicating the geographical origin of local specialties).
Document of the People’s Committee of a province or centrally run city permitting the use of place names or other signs indicating the geographical origin of local specialties for trademark registration (if the registered trademark is a collective trademark, certification marks containing place names or other signs indicating the geographical origin of local specialties).
Power of Attorney for Viet An Law as an industrial property representation service organization;
Document confirming permission to use special signs (if the trademark sought to be protected contains symbols, flags, badges of domestic and international agencies and organizations, etc.);
Document confirming registration rights;
Document confirming enjoyment of registration rights from another person;
Documents proving priority rights (if the application claims priority rights).
However, a trademark registration application usually does not include all of the above documents, you need to consider how your case is registered to prepare the documents accordingly.
Some related questions
In the trademark description in the declaration, if the trademark name is in English, does it have to be transliterated?
If the mark contains words that are not Vietnamese, the pronunciation must be clearly stated (transliterated into Vietnamese) and if the words have a meaning, the meaning must be translated into Vietnamese.
What size must be presented in the trademark sample attached to the declaration form?
The trademark sample attached to the declaration as well as other trademark samples must be presented with dimensions not exceeding (80 x 80) mm, and the distance between the two closest points must not be less than 15 mm.
Customers who need to register a trademark in Vietnam or abroad, please contact Viet An Law Firm for the best support!
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