Trademark registration for elderly care services in Vietnam

With the progressive development of society, services for the elderly are also becoming more popular. Bearing a humane and practical significance, elderly care services such as nursing homes and old people’s homes are gradually becoming a second home for the elderly, opening up a new life that is fulfilling, convenient, and safe. Trademark registration for elderly care services is also becoming more necessary. The following is a summary of basic legal information on trademark registration for elderly care services provided by Viet An Law.

What are elderly care services?

Elderly care services are services that care for, examine, or treat the elderly who have circumstances related to age, health, or illness, often in nursing homes or convalescent homes. This is a social welfare service, social security, and is significant for the care of the elderly and infirm in society.

Currently, elderly care services in Vietnam are often organized in two forms: private nursing homes (old people’s homes, elderly care centers, etc.) or state-built nursing homes (convalescent centers, charity homes, social protection centers). Regardless of the form, they all share a common goal, which is to ensure a stable and healthy life for the elderly in society.

Why should you register a trademark for elderly care services?

• The trademark owner for elderly care services will have the exclusive right to use the trademark for the protected services;
• Create a legal basis for competent state agencies to protect their owned trademarks and handle infringing acts by other entities;
• Build reputation, enhance brand position
• Help to distinguish different nursing homes
• Be able to exploit economic benefits through trademark assignment or licensing.

Some trademarks for elderly care services in Vietnam

Trademark design and list of goods and services for the trademark

Trademark design

• A trademark must be composed of one or more easily recognizable and memorable elements or a combination of elements that form an easily recognizable and memorable whole;
• The trademark MUST NOT contain the following signs:
• Signs identical with or confusingly similar to national flags, national emblems and national anthems of the Socialist Republic of Vietnam and other countries, and the International.
• Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations or socio-professional organizations or international organizations, unless permitted by such agencies or organizations. For example, the symbols of the Ministry of Health, the Department of Pharmacy, the health sector, …;
• Signs identical with or confusingly similar to real names, alias, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries;
• Signs identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that their signs must not be used, unless such seals are registered as certification marks by those organizations;
• Signs which cause misleading or confusion or deceive consumers as to the origin, properties, intended utilities, quality, value or other characteristics of elderly care services.
• Signs containing copies of works, except with the permission of the owner of the work
• Descriptive signs such as the words “nursing, care” will not be protected separately.

List of goods and services for the trademark

When registering a trademark for elderly care services, determining the list of trademarked goods and services is extremely important. If the wrong class of goods and services is identified, the trademark application may be rejected by the National Office of Intellectual Property. Trademarks for elderly care services must comply with the Nice Classification of goods and services and the International Classification of figurative elements of trademarks.

Typically, elderly care services are registered for the following class of goods and services:

Class 41: Vocational training services for elderly care.

Class 43: Rest home services for the elderly; nursing home services (non-medical); convalescent home services for the elderly.

Class 44: Nursing homes; convalescent homes; elderly health care consultancy services; medical examination and treatment services; medical assistance services; elderly care services; medical services.

Documents for elderly care service trademark registration

To register a trademark for elderly care services, the applicant must prepare the following documents:

• 2 trademark registration forms, typed according to Form No. 07, Appendix 1 of Decree No. 65/2023/ND-CP;
• 5 specimens of the trademark;
• Fee payment certificate;
• Power of attorney (if submitted through an industrial property representative organization);
• Other documents (if any).

If the applicant submits the application through Viet An Law, the applicant needs to prepare the following documents and information:

• Applicant information: name, address, ID number (if any), phone number, email;
• Trademark specimen;
• List of goods and services;
• Power of attorney (according to the format of Viet An Law).

Note: The trademark application for elderly care services must meet the following requirements:

• The trademark specimen must be described to clarify the constituent elements of the trademark and the overall meaning of the trademark (if any); if the trademark includes words or phrases in a pictographic language, such words or phrases must be transliterated; if the trademark includes words or phrases in a language other than Vietnamese, they must be translated into Vietnamese; if the trademark is a sound, the trademark specimen must be a sound file and a graphic representation of that sound.
• Goods and services listed in the trademark application must be classified into appropriate groups according to the Nice Classification, an international classification of goods and services for trademark registration, as published by the state management agency for industrial property rights.

Where to register a trademark for elderly care services

The National Office of Intellectual Property under the Ministry of Science and Technology is the competent authority to receive and process trademark registration applications. Currently, the National Office of Intellectual Property has locations at:

National Office of Intellectual Property headquarters in Hanoi

• Address: 386 Nguyen Trai Street, Thanh Xuan District, Hanoi City
• Phone: (024) 3858 4011; (024) 3858 3069;
• Fax: (04) 3858 8449; (04) 3858 4002.
• Email: vietnamipo@noip.gov.vn.

National Office of Intellectual Property representative office in Da Nang City

• Address: 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City
• Phone: 0236.3889955
• Fax: 0236.3889977
• Email: vanphong3@noip.gov.vn
• Fee account: 3511.0.1093215.00000 at the State Treasury of Da Nang

National Office of Intellectual Property in Ho Chi Minh City

• Address: 31 Han Thuyen Street, Ben Nghe Ward, District 1, Ho Chi Minh City.
• Phone: (028) 3920 8483 – 3920 8485
• Fax: (028) 3920 8486
• E-mail: vanphong2@.noip.gov.vn
• Fee account: 3511.0.1093216 at the State Treasury of District 3, Ho Chi Minh City.

Trademark protection period

According to Clause 6, Article 93 of the Intellectual Property Law 2005, as amended in 2022, a trademark registration certificate shall be valid from the date of issuance for a period of 10 years from the filing date and may be renewed for successive periods of 10 years each.

For legal advice on trademark registration for elderly care services in Vietnam, please contact Viet An Law for the best advice and support!