Trademark registration in Vietnam for goods on taobao.com
One of the most popular sales channels today is online sales. The largest e-commerce website in China and the top 10 largest online sales sites in the world is taobao.com, which belongs to the Alibaba group of founder Jackma. When you participate in selling on taobao.com, the first step is to register your trademark in Vietnam and also register your trademark in China, Taiwan, and Hong Kong.
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China’s largest e-commerce website
https://world.taobao.com/ – Taobao is a retail e-commerce website of Alibaba Group (China). The website operates as a consumer-to-consumer (C2C) business by building an online sales space for businesses and individuals to participate. Since its establishment until now, Taobao is spreading not only in Mainland China, Hong Kong, Macau and Taiwan but also reaching out to other countries.
An estimated 760 million goods were introduced in March 2013 making Taobao one of the top 10 most visited websites in the world according to Alexa. Almost all the items you are looking for can be found here, and ordering taobao is recognized by both customers and sellers as a fertile ground to exploit and experience shopping sensations. Great.
Born in 2003, Taobao has a great mission to limit the excessive growth of eBay at that time. However, Taobao’s success has exceeded expectations because only 3 years later it has beaten eBay and rose to become the largest e-commerce website in China. Currently, goods on Taobao are occupying more than 80% of the market share of goods of Chinese e-commerce with millions of goods and thousands of stores… It has become a familiar name for all believers. Shopping is also a passion for many people.
Although, operating under the C2C retail model, retail customers can freely choose their favorite goods and goods. However, most of the suppliers on Taobao are wholesalers and large Chinese factories, so this website still provides goods for domestic and foreign customers who want to import large quantities of goods for business.
In the course of business activities, the subjects always want to look for opportunities to expand their scale, expand their markets to gain more profits. One of the methods chosen by business entities is international trademark registration. Thus, when businesses expand their markets to other countries, they can still protect their goods from acts of competition and infringement from other entities.
The Chinese market is a large and potential market for Vietnamese businesses to invest in and expand their markets. Therefore, trademark registration in China is necessary for enterprises to stand firm in the market, to help distinguish their goods and services from those of other subjects, to prevent acts of counterfeiting and imitation goods affect the reputation and quality of enterprises in the Chinese market. In addition, the protection of trademarks in the Chinese market also brings an additional source of income for businesses when transferring the right to use the trademark.
When carrying out trademark registration in China, businesses should note that trademarks that are not protected in China include the following signs:
Signs identical or confusingly similar to national flags and emblems of other countries;
Signs identical or confusingly similar to symbols, flags, badges, abbreviations and full names of state agencies, political organizations, socio-political organizations or political organizations socio-professional organizations, social organizations, socio-professional organizations of China and international organizations, without the permission of such agencies or organizations;
Signs identical or confusingly similar to real names, nicknames, pseudonyms, images of leaders, national heroes, celebrities of China or abroad;
Signs identical or confusingly similar to certification marks, inspection marks, or warranty marks of an international organization that such organization requests may not be used, unless this organization itself registers the goods such mark as a certification trademark;
Signs that mislead, confuse or deceive consumers about the origin, features, uses, quality, value or other characteristics of goods or services.
When registering a trademark in China, Vietnamese enterprises need to provide the following necessary documents.
Declaration of trademark registration in China;
Samples of trademarks;
Documents confirming the right of priority (if any);
Fees;
Notarized power of attorney (in case the application is submitted through a representative of Viet An Law).
The process of trademark registration in China is as follows:
02- 03 months from the date of filing the application, the Chinese trademark registration office will issue a Notice of Formality Examination (This notice is a Notice of Acceptance of a valid application, if the trademark registration dossier does not have any formal mistake);
02 months from the date of receipt of the decision to accept the valid application, it will be published in the industrial property gazette.
10 – 12 months from the date of publication in the Industrial Property Official Gazette, the China Trademark Registration Office will issue a Notice of Substantive Examination Results;
After 02-03 months from the date of notification of test results, which clearly states that the mark meets the protection standards, a certificate of trademark registration will be issued to the applicant.
However, the time mentioned above does not include the time for supplementing missing documents (if any) and complaints during the application process (dispatches or complaints must be certified by the Chinese competent authority trademark registration confirmed).
In addition, there may be time depending on the testing process of the Chinese trademark registration office, and the time it takes for the applicant to correct and supplement the formal deficiencies of the application or filed a complaint against the China Trademark Registration Office’s Notice of unreasonable subtantive examination.
Customers can refer to Viet An Law’s services on trademark registration in some countries as follows:
Conduct the search and notify customers in writing of the results of trademark search in China;
Drafting dossiers and directly submitting and monitoring the status of trademark registration dossiers on behalf of the trademark owner in China;
Notify, advise and handle omissions/rejections by competent state agencies (if any) during the application monitoring process;
When conducting trademark search and registration, the selection of a consulting unit is very important.
Not every law firm or consulting unit is an Intellectual Property Representative.
The consulting units that are Intellectual Property Representatives are really the units with expertise and experience to advise and best evaluate the possibility of successful trademark registration.
Intellectual Property agents will assist in solving problems arising from objections and rejections of customers’ applications during the process of filing a trademark registration application in Vietnam.
An intellectual property representative organization has the function of signing applications on behalf of the application owner and representing the application owner to work with the NOIP to ensure maximum benefits for customers.
Viet An Law is an Intellectual Property Representative organization, so customers will be guaranteed all rights when using our trademark registration service.
Step 2: Select a mark and goods and services for the mark
Trademark selection: Select a trademark template that meets the protection criteria. The selected mark is not similar to other registered trademarks, well-known trademarks, trademarks are descriptive signs that are not capable of granting protection.
Select the list of registered goods: You need to select the list of goods and services bearing the trademark according to the above instructions. Grouping of goods and services needs to be carried out according to the International Classification of Nix trademarks.
Step 3: Research trademarks
Benefits of trademark search
In order to successfully register a trademark, that is, a registered trademark can be granted a protection title, the subject must file a registration application before proceeding with the trademark registration, the enterprise should carry out a trademark search procedure.
Is the trademark search to determine the registrability of the mark compared to other marks of the same type already registered at the Intellectual Property Office?
After the results of the trademark search are available, the applicant will decide whether or not to register the searched mark.
The trademark search also contributes to determining whether the mark can be granted a license or not?
If it is determined that the mark is not capable of being granted a title, the owner should consider an amendment to be able to be granted exclusive protection.
A trademark search avoids the long waiting time after testing but does not yield the results expected by the applicant.
Documents to prepare when searching for trademarks
To perform a trademark search, customers only need to provide Viet An Law with:
Trademark template;
List of goods and services to research and register.
Preliminary trademark search
Customers can look up trademarks by themselves via website: https://ipvietnam.gov.vn/ or wipo’s page.
Through Viet An Intellectual Property Representative, conduct a search to assess the registrability of the mark;
The preliminary search time is 01 day from the time the customer provides the trademark, list of goods and services;
After a preliminary search, if it is found that the trademark is not registrable for the mark, Viet An Law’s lawyer will present relevant counterarguments to find a solution for the trademark capable of granting a protection title. If it is possible to register a trademark, Viet An Law will conduct an in-depth search and pay a search fee.
In-depth research
After conducting a preliminary search of the mark, it shows that there is a possibility of registration. Trademark owners require an in-depth search to appreciate the possibility of granting a protection title. This is not a mandatory step, but it should be done to increase the likelihood of successful registration and save time.
The intensive search is a completely voluntary procedure on the part of the applicant. The applicant should proceed with this procedure as it is an important step in assessing whether the trademark should be filed for protection.
The trademark search is also for reference only and is not a basis for granting or not granting a diploma. Because, a part related to priority when registering as described above.
Time for in-deepth search: 01-03 days.
Trademark search results: Notice of trademark search results and advice on feasibility assessment, instructions on how to carry out registration procedures.
Step 4: Submit application form
After an in-depth search and the mark is judged to be registrable, the applicant will proceed to submit a registration application. Right after submitting the application for registration, the applicant must pay the registration fee as follows:
Application fee for 01 group of goods and services
For an application with 01 group of goods or services and each group of goods and services includes only 06 goods, goods or services:
Application fee: 150,000 VND/application; Note: Currently, before the complicated developments of the covid epidemic, the National Office of Intellectual Property of Vietnam has reduced 50% of the application fees when registering, specifically as follows: Application fee for 01 trademark , 01 group of goods and services reduced from 150,000 VND to 75,000 VND.
Substantive examination fee: 550,000 VND;
Search fee for trademark examination: 180,000 VND;
Granted protection title fee: 120,000 VND;
Registration fee: 120,000 VND;
Trademark Publication fee: 120,000 VND.
Application fee covers many groups of goods and services
For each group of additional protection goods/services: 550,000 VND;
For each group of goods/services registered for protection, there are more than 6 registered goods/services. Additional fee for each good/service from Saturday onwards: 120,000 VND.
For each additional group of goods/services registered for protection: 180,000 VND;
For each group of goods/services registered for protection, there are more than 6 registered goods/services. Fees must pay additional information disclosure fee for each good/service from Saturday onwards 30,000 VND.
Agencies receiving and processing dossiers and collecting registration fees in Vietnam: National Office of Intellectual Property.
Step 5: Formality examination the application form
The time limit for formality examination of a trademark application is 1 month from the filing date.
The NOIP will consider the application for eligibility in terms of form, label form, application owner, filing right, subheading, etc.
If the enterprise’s application meets the conditions. The NOIP will issue a Notice of acceptance of a valid application and publish the application.
If the enterprise’s application does not meet the conditions. The NOIP will issue a Notice of Non-acceptance of the application and request the enterprise to amend it. The application owner and the applicant’s representative shall make amendments as required. Then, proceed to submit the revised official letter to the NOIP and pay an additional fee if the group is classified incorrectly.
Step 6: Publication application
Time limit for publication of trademark application: 02 months from the date of notification of valid application acceptance.
Contents of application announcement include: Information about valid applications stated in the notice of acceptance of valid applications, trademark samples and a list of goods and services.
Form of publication: Website of the National Office of Intellectual Property and the Industrial Property Official Gazette.
Step 7: Substantive examination of the application
Time limit for substantive examination: 09 months from the date of application publication.
The National Office of Intellectual Property (IP) considers the conditions for trademark registration. On that basis, the IP will assess the possibility of granting a degree to the mark that the applicant has registered. If the application meets all conditions, the IP will issue a Notice of intention to grant a trademark protection title.
If the application does not meet the conditions. The Intellectual Property Office issues a Notice not to grant a degree to the trademark registered by the applicant. The trademark application owner shall consider and send a written response to and appeal against the decision of the National Office of Intellectual Property. The applicant gives the grounds for granting a trademark protection title for the trademark.
Step 8: Pay the granting protection title fee
After receiving the notice of intention to grant a protection title, the applicant shall pay the granting fee.
Certification fee: 120,000 VND (in 2021 due to the epidemic, the fee for granting a protection title will be from 120,000 VND to 60,000 VND for 01 brand, 01 group of goods and services).
Registration fee: 120,000 VND;
Publication fee: 120,000 VND/
If the application contains many groups of goods and services, the fee for the license will be increased by 100,000 VND / 1 group. Note: In 2021, the discount will be reduced to 50,000 VND/group increase.
After the trademark owner has made the payment of the diploma tripping fee. The NOIP will grant trademark protection titles within 2-3 months from the date of fee payment.
Trademark registration time is about 12-18 months from the date of acceptance of valid application.
Term of trademark protection: Trademarks are protected for 10 years from the filing date (priority date). Enterprises can renew their protection titles and there is no limit on the number of renewals. Therefore, the trademark will be an asset throughout the operation and business process of the enterprise.
The above article is related to trademark registration in Vietnam for goods on taobao.com. If Clients have any related inquires or demand, kingly contact directly to Viet An Law for the best advice.
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