Trademark registration in Vietnam for pepper products

In today’s integrated economic market, making a difference in your own products is extremely important. A trademark is a sign used to distinguish goods and services between different organizations and individuals. Therefore, to avoid being copied or imitated by other organizations and individuals, businesses need to register their trademarks. In the following article, Viet An Law will summarize the regulations on trademark registration in Vietnam for pepper products.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022;
• Decree 65/2023/ND-CP details 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. water on intellectual property;
• Circular 263/2016/TT-BTC regulates industrial property fees and charges.

Trademark registration regulations

According to Clause 3, Article 6 of the Intellectual Property Law, the establishment of industrial property rights over a trademark is expressed through a decision to grant a protection title by a competent Vietnamese state agency or recognition of registration. international according to international treaties to which Vietnam is a member, except in cases where the trademark is famous.

Trademark registration is not a mandatory requirement but a right, so organizations and individuals can register or not register when using that trademark.

Classification for pepper product trademarks

Group 30: Pepper seasoning; pepper sauce (spice).

Group 35: Purchasing, importing, and exporting pepper products.

Some famous pepper trademarks in Vietnam

Nguyen Bao pepper

Nguyen Bao is known as a big man in the field of pepper production, always committed to creating products aimed at clients’ trust. Therefore, each product is completely natural and ensures health and safety for users.

Dh Foods pepper

Dh Foods is a big trademark in the food manufacturing industry. Therefore, pepper products from this trademark are always used by clients because the pepper always maintains a certain quality as committed.

Pepper Farmers

The Farmers Pepper product line always ensures to bring to your dinner table a fragrant aroma from pure and completely natural pepper. This is the reason why the trademark has retained a large number of clients.

Tinh Nguyen pepper

For housewives, TINH NGUYEN pepper is a trademark that is no longer unfamiliar because it trusts in the quality of each pepper at an affordable price, suitable for all users.

Right to register pepper product trademarks

Pursuant to Article 87 of the Intellectual Property Law, the following individuals and organizations will have the right to register trademarks:

Conditions for trademark protection of pepper products

A trademark is protected if it meets the following conditions as prescribed in Article 72 of the Intellectual Property Law:

• A visible sign in the form of letters, words, drawings, images, holograms, or a combination of such elements, represented by one or more colors or sound marks expressed in the form of graphic form;
• Be able to distinguish the trademark owner’s goods and services from those of other entities.

Trademark protection period

As stipulated in Clause 6, Article 93 of the Intellectual Property Law, “A trademark registration certificate is valid from the date of issue until the end of 10 years from the date of application, can be renewed many times in a row, each time 10 years.”

Thus, the trademark protection period is 10 years. The owner can renew multiple times in a row, each time for 10 years, and can protect forever if the owner completes the procedure to request an extension within 06 months before the trademark registration certificate expires. The trademark owner must submit a request for renewal to the National Office of Intellectual Property.

Procedures of trademark registration in Vietnam for pepper products

Research pepper product trademarks

This is an extremely important activity to check whether the trademark is identical or similar to another entity’s trademark. At the same time, evaluate the possibility of the trademark being granted a protection title or not. With a large number of applications registered each year, the search is to ensure the possibility of trademark registration.

Components of a pepper trademark registration dossier include:

• 02 Trademark registration declarations for industrial property rights (according to the form in Appendix I issued with Decree 65/2023/ND-CP);
• 05 attached trademark samples (the overall trademark must be presented in a trademark template measuring 80mm x 80mm. If color protection is required, all trademark samples on the declaration and attached must be correctly present the colors that need protection);
• Proof of payment of fees and charges;
• 01 certified copy of business registration license or ID card/passport/citizen identification card to get information for preparing documents (the purpose is to get information for preparing authorization letters and registration documents);
• 01 Power of attorney (in case an individual or organization authorizes an industrial property representation service organization to apply);
• Other documents (if any).

Trademark registration fees and charges

Based on the Table of industrial property fees and charges issued together with Circular 263/2016/TT-BTC, regulations on current trademark registration fees and charges are as follows:

• Application fee: 150,000 VND
• Application publication fee: 120,000 VND
• Research fee for substantive examination: 180,000 VND/01 group of goods and services
• Research fee for the 7th good or service onwards: 30,000 VND/01 good or service
• Substantive examination fee: 550,000 VND/01 group of goods and services
• Substantive examination fee for the 7th good/service onwards: 120,000 VND/01 good or service.

Note: Depending on each stage, the above fees and charges may change according to state policies. For example, in 2023, applicants will receive a 50% reduction on application fees and trademark protection title fees according to Circular 44/2023/TT-BTC.

Application form

Applicants can choose to submit a paper application or submit an online application through the online public service portal of the National Office of Intellectual Property, specifically:

Form of application: Applicants can submit a trademark registration application directly or via postal service to one of the application receiving points of the National Office of Intellectual Property.

Online application form: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System, and have their account approved by the National Office of Intellectual Property to perform registration transactions to register industrial property rights.

Form of filing through the Madrid system with Vietnam designation: The Madrid application is an international trademark registration application filed under the Madrid Agreement or the Madrid Protocol. The Madrid application with Vietnam designation is filed with the Vietnam National Office of Intellectual Property through the International Bureau of WIPO from the industrial property registry of the country where the mark originates.

The time limit for processing trademark registration applications

From the date the National Office of Intellectual Property receives it, the trademark registration application is considered in the following order:

• Formality examination: 01 month
• Publication of application: within 02 months from the date the trademark application has a Decision accepting the valid application.
• Substantive examination: no more than 09 months from the date of publication of the application.

However, in reality, this deadline may be extended due to the overload of applications from the National Office of Intellectual Property. Typically, the entire process of processing a trademark application can take up to 20 months.

Clients who need advice or learn more about trademark registration in Vietnam for pepper products in particular and advice more about trademark registration in general, please contact Viet An Law Firm for the best support.