Trademark registration for cosmetic products in Vietnam

The need for beauty is associated with the development of the cosmetics industry. Not only does it play a beautifying role, but cosmetics also have countless benefits that we may not have known such as improving health, providing opportunities for women, or helping to build individual trademarks. Therefore, the consideration of choosing cosmetic product lines increases, requiring the trademark competitiveness of trademarks. In the article below, Viet An Law will provide legal procedures for trademark registration for cosmetic products in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.
• Decree 65/2023/ND-CP has detailed several articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.

What are cosmetic products?

Cosmetic products are products used to improve and beautify the skin, hair, and body. They include a range of products designed to enhance and take care of the user’s appearance. Cosmetic products can be used for daily routine or to create a gorgeous look on special occasions.

Trademark registration classes for cosmetic products in Vietnam

When verifying a dossier of trademark registration, it is necessary to specifically identify the group of goods bearing the trademark to determine the scope of protection. According to the Nice classification applied in Vietnam from January 1, 2024, cosmetic products belong to:

• Group 03: Cosmetics
• Group 35: Purchasing cosmetic products, displaying products at stores, and advertising products.

For example: Vietnam’s Vedette Cosmetics, is a reputable and environmentally friendly Vietnamese cosmetics trademark. Launched in 2006, throughout 15 years of operation Vedette has always focused on “core values”. That is the quality of the product and why Vedette creates a common standard to provide high-quality products. Vedette constantly brings beautiful small cosmetic lines “made in Vietnam” with the best quality. This is also one of the Vietnamese cosmetic trademarks that stand firm against the fierce competition of cosmetic trademarks from France, the United States, and Korea. Some information about the Vedette cosmetic trademark:

• Certificate holder: Mon Trading Company Limited
• Address: Room 1901, 19th floor, Saigon Trade Center building, 37 Ton Duc Thang, Ben Nghe Ward, District 1, Ho Chi Minh City
• Application number: VN-4-2019-19360.
• Application date: May 31, 2019.
• Diploma issuance date: June 18, 2021. Expiry date: May 31, 2029
• Trademark: Vedette.
• Good/Service Classification (Nice): Class 03: Cosmetics

Trademark research for cosmetic products

Before applying to register trademark protection for a product, businesses should perform trademark research for their products. Trademark research helps trademark applicant know whether their trademark is identical or similar to protected trademarks. Additionally, research helps to check whether the information on the issued Trademark Certificate is accurate with the data in the information system of the National Office of Intellectual Property to promptly make corrections.

• Preliminary search: Viet An Law will conduct a preliminary search for customers within 01 day from the date of being provided with the trademark sample.
• Search at the National Office of Intellectual Property through a representative of Viet An Law Firm: This search step will determine the highest protection ability of the trademark intended to be registered. The search procedure through a representative takes 1-3 working days.

Trademark registration for cosmetic products in Vietnam

If the trademark registration application does not meet all conditions, the National Office of Intellectual Property will issue a notice not to provide documents for the trademark registered by the enterprise. The enterprise reviews and sends a response document, complains the decision of the Department of Property, and provides the basis for granting a trademark protection title to the enterprise’s trademark.

Step 1: Submit the registration at the Vietnam National Office of Intellectual Property and pay the registration fee

• Individuals and organizations can apply for trademark registration directly.
• Individuals and organizations can submit applications through the postal system to the headquarters of the National Office of Intellectual Property or the Representative Office of the National Office of Intellectual Property.
• Individuals and organizations can apply for trademark registration online: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System, and the National Office of Intellectual Property will approve your account to perform industrial property rights registration transactions.

Step 2: Formality and substantive examination of the registration

From the date that it is received by the National Office of Intellectual Property, the trademark registration application is considered in the following order:

• Formality examination: 01 month
• Publication of application: within 02 months from the date the trademark registration has a decision accepting the valid application
• Substantive examination: no more than 09 months from the date of publication of the registration

Step 3: Notify intention to grant/refuse to grant protection title

At the end of the substantive examination period, the National Office of Intellectual Property issues a notice of intention to grant or refuse to provide a trademark protection certificate and clearly states the reasons.

Step 4: Pay the fee for the trademark registration certificate

After notification of intention to issue a trademark, the applicant pays the fee for providing a trademark certificate. The National Office of Intellectual Property issues and announces the Trademark Registration Certificate to the owner within 01-02 months from the date of payment for providing the Trademark Registration Certificate.

Thus, the normal registration time for a trademark is approximately 13 – 18 months from the date of acceptance towards a valid application. In case, a business needs to carry out procedures with quick registration time from the date of acceptance of a valid application, please contact Viet An Law for detailed instructions.

A dossier of trademark registration for cosmetic products in Vietnam

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

Note: Trademark registration fees are calculated based on the number of the class and the number of goods in each class specified in the registration, so if a trademark registers many classes or many goods in a class, the fee will be higher.

Service for trademark registration for cosmetic products in Vietnam by Viet An Law

• Legal advice on procedures and conditions for trademark registration;
• Advise on this possibility when registering a label;
• Research the possibility of preliminary trademark registration;
• Trademark search at the National Office of Intellectual Property – Independent costs;
• Trademark registration representative for customers during the trademark registration process
• Drafting trademark registration documents;
• Prepare documents and monitor the registration and testing process of the unit at the National Office of Intellectual Property;
• Representing clients in the entire process of establishing rights and responding to official correspondence with the National Office of Intellectual Property on trademark registration;
• Exchange and provide information to customers during the trademark protection registration process.

For all information related to trademark registration for cosmetic products, please contact Viet An Luat for more specific and detailed instructions. ​