Trademark registration for the publisher in Vietnam

Presently, literature has experienced a diverse development, many works with ideological and artistic value, which are rich in content, diverse in form, and presentation style have been ardently received by readers. As a result, to actively contribute to the path of building cultural values, Vietnamese people, and the path of socio-economic development, the role of publishers is indispensable. Currently, there are many famous and reputable publishers in Vietnam. The brand recognition of publishers is necessary for every reader. In the article below, Viet An Law would like to provide some information about trademark registration for publishers in Vietnam.

Legal basis

• Law on Intellectual Property in 2005, as amended, supplemented in 2009, 2019, 2022.
• Law on Publishing in 2012, as amended, supplemented in 2018
• 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 is publishing?

According to Clause 1, Article 4 of Publishing Law 2012, publishing is the organization and development of manuscripts to be edited into templates for printing and release directly through electronic media.

Specifically, two publishing methods including:

• Printing is the use of printing equipment to create publications from the template.
• Release is the adoption of one or more forms of buying, selling, allocation, donation, leasing, lending, export, import, fair, and exhibition to bring publications to users.

Conditions for the establishment of publisher

According to Article 13 of the Publishing Law, the establishment of a publisher must meet the following conditions:

• Having principles, purposes, functions, duties, objects to services and publications conform with the functions and duties of the line agencies;
• Having qualified persons specified in Article 17 of this Law for appointment of General Director (Director), editor in chief and have at least five full-time editors;
• Having headquarters, financial resources, and other necessary conditions to ensure the activities of the publisher as prescribed by the Government;
• Being consistent with the planning of publisher network development which has been approved by the competent authority.

Trademark registration classes for the publisher 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, the publisher trademark belongs to:

• Class 9: Apparatus and instruments for recording, transmitting, reproducing, or processing sound, images, or data; recorded and downloadable media, computer software, blank digital or analog recording and storage media.
• Group 35: Services of buying and selling electronic publications, programmed CDs, tapes, and electronic dictionaries
• Group 41: Services providing online electronic publications (cannot be downloaded);e-book and online magazine publishing services;
• Group 45: Intellectual property licensing services;copyright management service.

For example:

A label publisher registered in Vietnam, Kim Dong Publishing House – affiliated with China’s Ho Chi Minh Communist Youth Union, is the first and largest publishing house for children in Vietnam. During 65 years of accompanying many generations of Vietnamese children, Kim Dong Publishing House has always had a particularly important position in the spiritual life of young readers. Kim Dong Publishing House label is dated August 6, 2009, and provided on November 9, 2011, with application number VN-4-2009-16403. Trademarks are protected as a whole and normally. Some information about the brand of Kim Dong Publishing House:

Application owner/Certificate owner: Kim Dong Publishing House

Address: 55 Quang Trung, Hai Ba Trung District, Hanoi Product/service group:

Product/service class:

Class 09: Electronic publications (downloadable); program recording CDs; Electronic dictionary (pre-recorded format) teaching equipment; e-books (pre-recorded format); pocket electronic translation device.

Class 16: Books; pen; notebook; notebook; writing paper; board; stationery; calendar books (products of the printing industry); Atlas; calendar (product of the printing industry); clipboard; envelope; newsletter (product of the printing industry); magazines (products of the printing industry); pictures (products of the printing industry); Teaching aids (excluding teaching equipment).

Class 35: Services of buying and selling electronic publications, recorded program CDs, tapes, electronic dictionaries, teaching equipment, computer software, translation equipment, electronic musical instruments, trumpets, drums, musical instruments, books, comics, pens, notebooks, notebooks, writing paper, stationery, calendar books, atlases, writing boards, calendars, clipboards, envelopes, magazine newsletters, pictures, teaching aids, student supplies.

Class 41: Book publishing services; book and story rental services; Exhibition and conference organization services for educational and cultural purposes; service providing online electronic publications (not downloadable); e-book and online magazine publishing services; Translation services; educational services; training services.

Class 45: Intellectual property licensing services; copyright management services; intellectual property consulting services; and Intellectual property representation services.

Trademark registration procedures for publishers

Prepare documents as required:

A dossier of trademark registration includes the following documents:

• 01 trademark sample (not smaller than 3×3 cm, not exceeding 8×8 cm);
• 01 copy of fee payment voucher;
• 02 declarations according to Form No. 08, Decree 65/2023/ND-CP;
• List of products and services intended for trademark registration;
• Trademark registration declaration (in case the customer authorizes Viet An Law Firm, the declaration will be signed by the industrial property representative of Viet An Law);
• Authorization letter for the representative of Viet An Law Firm to apply for trademark registration;

Application method selections

Organizations and individuals can apply at one of the application receiving points of the National Office of Intellectual Property, specifically:

• Intellectual Property Office headquarters in Hanoi;
• Representative office of the National Office of Intellectual Property in Ho Chi Minh City;
• Representative office of the Department of Intellectual Property in Da Nang City.

Pay the trademark registration fee

The rates of industrial property fees are detailed in Circular 263/2016/TT-BTC dated November 14, 2016, of the Ministry of Finance as follows:

Note: Fees may increase in case of registration for multiple classes of products and services and in the case of the 7th product or service or more in a class.

Publisher’s rights when registering a trademark

Determine ownership of the trademark

When successfully registering a trademark and being provided a trademark registration certificate, the publisher will be protected by law for the right to use that trademark. No individuals or organizations have the right to use a trademark similar to a registered publisher’s trademark.

Register a trademark to avoid confusion

A trademark has the activity of distinguishing the goods and services of one owner from those of another owner. Therefore, a product that has been registered as a trademark will immediately be accepted by the Intellectual Property Office.

Register a trademark to promote products

Trademark registration is a method to publicize a business’s brand to the company. When a registered trademark is announced, a part of customers will continue to be nervous about the trademark. Therefore, customers can easily recognize the business’s signs from the brands of other individuals and organizations. Product trademarks will help bring efficiency closer to consumers and also help reach new customers more easily.

Trademark registration service for publishers by the representative of Viet An Law Firm

• Representing customers to conduct application procedures, monitor, and respond to the trademark registration process at the Intellectual Property Office.
• Consulting and supporting customers during the trademark registration process.
• Consulting on increasing trademark protection.
• Representing the customer to draft a dossier to withdraw the trademark application as required.
• Consulting on minimizing risks related to the trademark registration and withdrawal process.
• For all information related to trademark registration for the publisher, please contact Viet An Law Firm for more specific and detailed instructions. ​