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.
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.
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:
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:
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.
Individuals and organizations can apply for trademark registration through the following options:
|The head office of the National Office of Intellectual Property, Address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City;
Representative office of the National Office of Intellectual Property in Ho Chi Minh City, Address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City;
Representative office of National Office of Intellectual Property in Da Nang City, Address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang City.
|Submit through website: http://dvctt.noip.gov.vn/
|Post Office Sent
|Postal service or express delivery service to the address of the National Office of Intellectual Property or the Representative Office of the National Office of Intellectual Property.
According to Clause 1, Article 100 of the Intellectual Property Law, a trademark registration application includes the following documents:
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:
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.
According to Article 119 of Intellectual Property Law, the time limit for processing industrial property registration applications:
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.
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.
For all information related to trademark registration for functional foods, please contact Viet An Law for more specific and detailed instructions.
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