Tea Products Trademark Registration in Vietnam

Tea, also as known as dry tea, is a famous and familiar specialty not only for Vietnamese people but also to other countries in the world. The art of “talking tea” has also become a cultural feature of many Asian countries. In Vietnam, tea growing and dry tea production is a lifelong-profession and provides high and stable income. To create a good and quality brand of tea, producers have to go through a lot of time and such a hard work. Therefore, they always aim to absolutely protect their tea brand to avoid being counterfeited, trademark counterfeiting, tea production and trading establishments should apply for the trademark of tea at the state management agencies.

However, not all tea product establishments are fully aware of the trademark registration procedures for their tea products. Therefore, Viet An Law would like to advise customers who are interested in about the process of trademark registration for tea products and notes when performing the procedure as follows:

Customers design a trademark sample for their tea products and send it 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. Viet An Law supports customers to classify tea products according to The Classification of classes of goods and services registered with trademark (The Nice International Classification). Accordingly, tea products are in class 30.

The process and procedures for tea 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 tea products intended to be resgistered;
• A trademark registration declaration;
• 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. Customers pay maintenance fees during the period of trademark protection. During the protection period, customers can terminate the trademark protection and must notify the state management agency.

Viet An Law would like to provide legal services relating to trademark registration. Customers have any questions or needs, please contact Viet An Law directly for support timely.