Trademark Protection for Quality Control Services in Vietnam

Enterprises always have the demand to improve and ensure the quality of their goods in accordance with previously established standards. To achieve this, quality control is essential and indispensable. Services for good quality control and the protection of trademarks for such services have become increasingly popular. Thus, how can one obtain trademark protection for quality control services? Below, Viet An Law provides fundamental legal information on trademark protection for quality control services in Vietnam.

What is quality control?

Quality control (QC) refers to the process of monitoring and controlling the procedures that create goods and services through various factors such as personnel, machinery, raw materials, methods, information, and the working environment.
It is a component of quality management focusing on fulfilling quality requirements.

Examples of trademark protection for quality control services in Vietnam

Entities entitled to trademark protection for quality control services in Vietnam

Pursuant to Article 87 of the Intellectual Property Law 2005 (as amended and supplemented in 2009, 2019, and 2022), the following entities are entitled to register trademarks for quality control services:

• Organizations and individuals may obtain trademark protection for quality control services they themselves provide.
• Two or more organizations or individuals may jointly register a trademark to become co-owners under the following conditions:
  • The trademark must be used in the name of all co-owners;
  • It must be used for quality control services in which all co-owners participate in the process of provision and business activities;
  • Such use must not confuse consumers regarding the origin of the services.

Trademark application dossier for quality control services

To obtain trademark protection for quality control services, the applicant must prepare the following documents:

• 02 trademark registration forms, typed according to Form No. 07, Appendix I of Decree 65/2023/ND-CP;
• 05 trademark specimens;
• Proof of payment of state fees;
• Power of attorney (if submitted through an industrial property representative);
• Other documents: evidence of priority right (if any).

If the applicant submits through Viet An Law, the following must be prepared:

• Applicant’s information: name, address, ID/Passport number (if applicable), phone number, email;
• Trademark specimen;
• List of goods and services;
• Power of attorney (as per Viet An Law’s form).

Notes on designing trademarks and selecting good/service categories

Trademark design

A trademark must consist of one or more distinctive, easily recognizable, and memorable elements, or a combination of multiple elements forming an identifiable and memorable whole.

A trademark must not contain the following signs:

• Signs identical or confusingly similar to the national flag, national emblem, or national anthem of the Socialist Republic of Vietnam, or those of other countries or international organizations;
• Signs identical or confusingly similar to symbols, flags, badges, abbreviations, or full names of State agencies, political organizations, socio-political organizations, socio-professional organizations of Vietnam, or international organizations, without permission from such bodies;
• Signs identical or confusingly similar to real names, aliases, pen names, or images of leaders, national heroes, or famous figures of Vietnam or foreign countries;
• Signs identical or confusingly similar to certification marks, inspection seals, or warranty seals of international organizations, where such organizations prohibit their use, unless they themselves register such marks as certification marks;
• Signs that mislead, confuse, or deceive consumers regarding the origin, quality, value, or other characteristics of the quality control services;
• Signs containing copies of works, unless permitted by the copyright owner;
• Descriptive terms such as “quality control” alone will not be protected.

Selection of trademark good and service categories

When applying for trademark protection for quality control services, correctly and adequately identifying the list of goods and services is extremely important. If the classification of goods/services is incorrect, the application may be refused by the National Office of Intellectual Property.

Trademarks for quality control services must comply with the Nice Classification and the International Classification of figurative elements of marks. Typically, quality control services are registered under:

• Class 42: Quality inspection; material testing services; quality evaluation; good quality certification services; good quality control services; chemical analysis; calibration [measuring]; chemical research; biological research.

Notes before applying for trademark protection for quality control services in Vietnam

• The trademark specimen must be described clearly to explain the constituent elements and the overall meaning (if any); if the trademark contains characters from ideographic languages, such characters must be transliterated; if the trademark contains words in a foreign language, they must be translated into Vietnamese; if the trademark is a sound mark, the specimen must include both an audio file and a graphical representation of the sound.
• Goods and services indicated in the trademark application must be classified in accordance with the Nice Classification published by the competent authority.
• A preliminary or comprehensive trademark search should be conducted before applying to assess the registrability of the trademark.

Authority receiving and processing trademark applications

Currently, the National Office of Intellectual Property of Vietnam (NOIP) is the competent authority for receiving and processing trademark applications. Applicants may file their applications by:

• Filing directly at the NOIP headquarters:
  • Address: 386 Nguyen Trai, Thanh Xuan District, Hanoi.
• Filing at NOIP representative offices:
  • Ho Chi Minh City Office: 31 Han Thuyen, Ben Nghe Ward, District 1, Ho Chi Minh City.
  • Da Nang Office: 3rd Floor, 135 Minh Mang, Khue My Ward, Ngu Hanh Son District, Da Nang City.
• Filing via postal service to the NOIP.

Trademark protection state fees

• Application fee: 150,000 VND
• Publication fee: 120,000 VND
• Search fee for formality examination: 180,000 VND / class of goods/services
• Search fee for each good/service from the 7th item onward: 30,000 VND / item
• Substantive examination fee: 550,000 VND / class of goods/services
• Substantive examination fee for each good/service from the 7th item onward: 120,000 VND / item

Clients requiring consultation on trademark protection for quality control services are kindly invited to contact Viet An Law for comprehensive legal advice and support.