Trademark registration for functional foods in Vietnam

Using functional foods is a way for people to be more proactive in staying healthy, as well as building healthy lifestyles and nutritional habits. In addition, functional foods also have the effect of supporting the treatment, preventing some diseases, and providing necessary nutrition for health. The job of protecting the trademark of each functional product is even more important since the trademark is a reputation and a sign of whether that functional product is safe to use or not. In the article below, Viet An Law Firm would like to present an article on trademark registration for functional foods in Vietnam for customers to refer to.

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.
• Circular 263/2016/TT-BTC regulates the collection rates, the regime of collection, payment, management, and use of industrial property fees and charges, as supplemented every time.

What are functional foods?

Functional foods are a term that is used to describe food products or food ingredients that provide health benefits or treat medical conditions, in addition to their basic function of providing nutrition. Functional foods often contain ingredients such as vitamins, minerals, amino acids, anti-pollutants, herbal active ingredients, enzymes, and other compounds that are believed to have positive health effects.

Classification of trademark registration for functional foods in Vietnam

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

• Class 05: Pharmaceuticals, functional foods; Pharmaceutical and veterinary preparations; Sanitary preparations for medical purposes; Food and nutrients suitable for medical or veterinary use, baby food; Dietary supplements for humans and animals.
• Class 35: Wholesale and retail services of drugs and pharmaceutical preparations.
• Class 44: Medical services; pharmacy services (advice on drug use).

Example of trademark registration for functional foods in Vietnam

On December 13, 2010, Tam Binh Pharmaceutical Company was officially established under the leadership of pharmacist, General Director Le Thi Binh. Although the company was founded in the context of a fiercely competitive pharmaceutical market, with a strong desire to “make medicine to save lives” and especially the “Heart” and “Level” of a talented leader, Tam Binh has ended up becoming a famous brand. Prestigious oriental medicine, contributing to community health care. Specifically, trademark information is as follows:

• Trademark: Tam Binh
• Application owner/License holder: Tam Binh Pharmaceutical Production and Trading Company Limited
• Application date: March 4, 2011;
• Application number: 4-2011-03632
• Degree grant date: May 24, 2012
• Address: No. 349 Kim Ma Street, Ngoc Khanh Ward, Ba Dinh District, Hanoi City
• Trademark type: Regular
• Classification of goods/services (Nice): Class 05: Pharmaceuticals, nutritional foods for medical use.

Procedures for trademark registration for functional foods in Vietnam

Step 1: Research for trademark reviews

You should carry out official search procedures at the National Office of Intellectual Property through the website http://wipopublish.ipvietnam.gov.vn/ to avoid duplication or confusion. Another way is that customers can use the services at Viet An Law to conduct a preliminary search after being provided with a trademark sample within 01 day. During a preliminary search of the trademark, there were no signs of similarity with the registered trademark.

Step 2: Submit a trademark registration

Individuals and organizations can apply for trademark registration through the following options:

According to Clause 1, Article 100 of the Intellectual Property Law, a trademark registration application includes the following documents:

• Trademark sample (not smaller than 3×3 cm, not exceeding 8×8 cm);
• List of goods and services intended for trademark registration;
• Trademark registration declaration;
• Power of Attorney (according to the form of Viet An Law);
• Document of payment of trademark registration fee.

Step 3: Pay the trademark registration fee

As soon as the application is submitted, the applicant must pay the registration fee to the National Office of Intellectual Property and the trademark registration fee (1 trademark/ 1 class of goods and services) based on the Fee and Charge Rate Schedule. Industrial property fees issued together with Circular 263/2016/TT-BTC are as follows:

• Application fee: 150,000 VND
• Application publication fee: 120,000 VND
• Substantive examination fee: 550,000 VND/01 class of goods and services

Note: Fees and charges may increase in case of registration for multiple classes of goods and services, and in the case of the 7th good or service or more in a class.

Step 4: Formality and substantive examination of the registration

According to Article 119 of Intellectual Property Law, the time limit for processing industrial property registration applications:

• An industrial property registration application shall have its form examined within one month from the filing date.
• An industrial property registration application shall have its content substantively examined within 9 months from the filing date.
• The time limit for re-examination of an industrial property registration application shall be equal to two-thirds (2/) of the time limit for the initial examination, and may, in complicated cases, be prolonged but must not exceed the time limit for the initial examination.
• The duration for amendment or supplementation of applications shall not be counted into the time limits specified in Clauses 1, 2, and 3 of this Article. The time limit for processing a request to amend or supplement an application must not exceed one-third (1/3) of the corresponding examination time specified in Clauses 1 and 2 of this Article.

Step 5: 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 notification intention to grant/refuse to grant protection title or refuse to provide a trademark protection certificate and clearly states the reasons. In case the application is invalid, the applicant needs to correct the shortcomings of the application or express an objection to the intention to refuse to accept a valid application stated in the notice. The time limit for responding to the notice is 02 months from the date of signing the notice, an extension of 02 months can be requested provided the extension fee is paid.

A valid trademark registration application is approved by the National Office of Intellectual Property within 02 months from the date of acceptance of the valid application: basic information about the application is published in the Industrial Property Official Gazette; detailed information about the nature of the trademark in the application is provided by the National Office of Intellectual Property to those who request access to information.

Step 6: 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.

Note: In the case that the applicants submit a trademark registration application through the post office, the applicant needs to transfer money through the post office service, then photocopy the Money Transfer Receipt and send it along with the application to one of the application receiving points of the National Office of Intellectual Property to prove the amount paid. When transferring fees and charges to one of the above application receiving points of the National Office of Intellectual Property, the applicant needs to send the dossier via the corresponding post office to that application receiving point.

Trademark registration for functional foods services of Viet An Law

• Legal advice on procedures and conditions for trademark registration;
• Research the possibility of preliminary trademark registration;
• 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;

For all information related to trademark registration for functional foods, please contact Viet An Law for more specific and detailed instructions.