Register the trademark for Spa Services in Vietnam

Nowadays, women love going spa to relax and beautify. Spa services include health care, beauty, massage services combining with natural beauty products. Along with the economic development and economic integration, spa enterprises are becoming popular. However, the quality of spa services is very different, to attract customers, spa services need to have their reputation and trademark. When they have a trademark, spa services will aim to protect their trademark. For legal protection, spa establishments need to carry out trademark registration procedures at competent state agencies.

         As a result, for spa services establishments to understand more about the trademark registration process at a competent state agency, Viet An Law would like to advise the following:

         Customers need to identify the spa services intended to register are classified in class 44 according to the Nice Classification: Hygiene and beauty care for humans or animals.

         Spa services establishments design a trademark sample intended to register and send to Viet An Law. Viet An Law will conduct a free preliminary search of the trademark within 01 – 02 working days from the date of receiving the trademark sample. After looking it up, Viet An Law will inform the possibility of registration for the trademark sample customers sent.

The process and procedures for spa services trademarks registration in Vietnam include:

Step 1: Submit trademark registration application

         Individuals and organizations wishing to register trademarks may themselves apply for trademark 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 the registration fee and take the receipt of the trademark registration fee to submit attached with the dossier.

         Attached with the application, customers need to provide these documents:

• A list of spa services intended to register;
• A trademark registration declaration;
• A power of attorney (if customers authorize the representative of Viet An Law to apply;
• 01 trademark sample (with dimensions not smaller than 3 x 3 cm, not bigger than 8 x 8 cm);
• Receipts of fee payments.

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, the state management agency shall process the trademark registration application through the 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 gazette within 02 – 03 months from the date the application is accepted as a contractual application.

Stage 3: Content appraisal

The accepted applicants will be appraised content at the same time. The 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 pays the granting fee. After that, the state management agency in charge of industrial property rights issues a notice to grant the protection title and register on the National Register of Industrial Property Rights.

The time to grant the protection title is 01 – 02 months from the date of paying the granting fee.

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

Legal services on trademark registration in Viet An Law:

• Advice on procedures and conditions for trademark registration;
• Advice on the possibility of trademark registration;
• Conduct a preliminary search when registering a trademark;
• Search for a trademark at the Intellectual Property office – Independence Fee;
• Represent for customers to register a trademark;
• Draft trademark registration dossier;
• Submit the dossier and monitor the process at the Intellectual Property office;
• Represent customers in the whole process and discuss with the Intellectual Property office about trademark registration.