Trademark Registration for Tobacco product in Vietnam

According to scientific researches, smoking can easily cause addiction and adversely affect human health, especially the lungs. However, smoking helps people to relieve stress and fatigue. Tobacco are still allowed to exchange in the market but business owners need to meet strict conditions as prescribed by law. Entities trading in these special products can apply for a trademark protection to help consumers distinguish and avoid using counterfeit products that can affect their health.

When registering for a trademark protection, the parties need to pay attention to these following issues:

An application for trademark protection in Vietnam includes:

• A trademark template with dimensions bigger than 3 x 3 cm and smaller than 8 x 8 cm;
• A list of products and services requiring trademark registration.

Tobacco products are grouped in class 34 in the Nice Classification, include cigarettes, e-cigarettes and somkers’ supplies;

• A trademark registration declaration (in case the customers authorize Viet An Law, this declaration will be signed by the representative of industrial property of Viet An Law);
• Power of attorney (Authorize the representative of Viet An Law to submit a trademark registration application);
• Receipts of payment of trademark registration fee (the payment rate depends on the number of groups of products and services intended to register for the trademark).

Processing time for a trademark registration application in Vietnam includes:

• Form appraisal time: 01 – 02 months;
• Publish the application in the Vietnam Intellectual Property Agent’s gazette: 02 months;
• Content appraisal time: 09 – 12 months;
• Grant and publish the trademark registration certificate for the owner: 01 – 02 months.

In the process of processing a registration application, the trademark owner can normally use the trademark but it is very easy to be infringed by competitors. In addition, the owner of the application may amend and supplement the application if required. Amendment and supplementation shall not expand the scope of the object disclosed or stated in the application and shall not change the nature of the object required for registration stated in the application and at the same time shall ensure the uniformity of the application.

A trademark registration certificate is valid from the date of issue to the end of 10 years from the submitting date, renewable for successive 10 years. Customers need to pay attention to submit an extension request to the Intellectual Property office within 06 months prior to the expiration of the certificate of the trademark registration. The application for extension may be submitted later than the time limit specified above but not later than 06 months from the date the protection title expires.

A renewal request application includes:

• A requesting extension of validity of protection title declaration (this from declaration is in 02-GHVB prescribed in Apendix C of this Circular);
• An original trademark registration Certificate (in case of requesting recognition of renewal in the trademark registration Certificate);
• A power of attorney (in case of submitting through a representative);
• Fee payment receipts, announcement of the decision on extension fee and registration of the decision to renew the protection title fee in accordance with the law.

Enterprises and individuals wishing to register trademarks & Trademark renewal in Vietnam please contect Viet An Law for detailed instructions on submitting, trademark registration applications.