Trademark registration in Vietnam for rice cracker products

Rice crackers contain several antioxidant compounds, which help to protect cells from DNA damage, prevent the aging process, and reduce the risk of disease. With increasing awareness of its health benefits and diverse culinary cultures, the demand for rice crackers has grown significantly. From rice crackers becoming an increasingly important and notable segment in the culinary field, many businesses promote brand value to distinguish themselves from other businesses. In the article below, Viet An Law Firm will present to clients about trademark registration of rice cracker products in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.
• 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 a trademark?

Trademark means any sign used to distinguish goods or services of different organizations or individuals. Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, and images, including three-dimensional images or their combinations, presented in one or several given colors. Trademarks are often used to build reputations, and attract clients’ awareness and trust towards a specific brand. Vietnam’s Intellectual Property Law also provides the following definition of a trademark: Trademark is any sign used to distinguish goods or services of different organizations and individuals (Clause 16, Article 4 of the Intellectual Property Law).

Classification of trademark registration in Vietnam for rice cracker products

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, rice cracker products belong to:

Class 30

Rice crackers, crackers made from rice flour.

Class 35

Buy and sell rice crackers; advertising and marketing for sales; exhibition and display of products for commercial purposes.

Notable trademark for rice crackers in Vietnam

Ichi Japanese rice crackers

Ichi Japanese rice crackers are produced on the exclusive technology line of the Kameda Seika (Japanese Company). The trademark registration application date was April 9, 2015, and was granted on October 2, 2017, with the overall trademark protection and combined trademark model.

Title holder: Thien Ha Kameda Joint Stock Company was established on June 19, 2013

Application number: VN-4-2015-08203

Diploma number: 4-0288807-00

Goods/services class of Thien Ha Kameda Joint Stock Company:

Class 30: Cracker products made from rice flour.

With a reputable brand in the Vietnamese market, Ichi brings to Vietnamese consumers rice cracker products of Japanese standard quality that are processed to suit Vietnamese tastes.

One One rice cracker

One One is a rice cracker brand belonging to One One Vietnam Food Joint Stock Company, established in 2007. One One rice cracker is granted ISO 22000: 2005 food hygiene and safety certificate by BSI. Management certificate HACCP- Hazard analysis and critical control points. One One rice cracker products are crystallized from fragrant rice grains from the delta regions in Vietnam, combined with skillful processing from skilled workers and advanced technology.

Richy rice cracker

Richy Group is one of the leading confectionery manufacturing companies and is in the top 10 reputable food companies in Vietnam. Richy’s confectionery is currently present in over 30 countries around the world and is favored by many people. One of Richy’s products that is popular with many people is Richy rice crackers. Products are manufactured on closed lines and modern technological machinery to bring consumers the best and highest quality products.

Procedures for researching the trademark for rice cracker products

Before submitting an application for trademark protection registration for a product, businesses should perform a trademark search for their products. Trademark search helps trademark registrants know whether their trademark is identical or similar to protected trademarks. Simultaneously, check whether the information on the issued Trademark Certificate is accurate with the data in the information system of the National Office of Intellectual Property to promptly make corrections.

• Preliminary search: Viet An Law will conduct a preliminary search for clients within 01 day of being provided with the trademark sample.
• Search at the National Office of Intellectual Property through a representative of Viet An Law Firm: This search step will determine the highest protection ability of the trademark intended to be registered.

Procedures for trademark registration in Vietnam for rice cracker products

To register, after conducting a preliminary and in-depth search at Viet An Law to determine the possibility of protection, the applicant must follow these steps:

Step 1: Submit the registration at the Vietnam National Office of Intellectual Property and pay the registration fee

• Individuals and organizations can apply for trademark registration directly.
• Individuals and organizations can submit applications through the postal system to the headquarters of the National Office of Intellectual Property or the Representative Office of the National Office of Intellectual Property.
• Individuals and organizations can apply for trademark registration online: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System, and the National Office of Intellectual Property will approve your account to perform industrial property rights registration transactions.

Step 2: Formality and substantive examination of the application

From the date that it is received by the National Office of Intellectual Property, 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 registration has a decision accepting the valid application
• Substantive examination: no more than 09 months from the date of publication of the registration

Step 3: Decide to grant/refuse to grant a protection title

At the end of the substantive examination period, the National Office of Intellectual Property issues a notice of intention to grant or refuse to provide a Trademark Protection Certificate and clearly states the reasons.

Step 4: Fee payment for the trademark registration certificate

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.

Dossier trademark registration in Vietnam for rice cracker products

• 01 trademark sample (not smaller than 3×3 cm, not exceeding 8×8 cm);
• 01 copy of fees and charges payment;
• 02 declarations according to Form 08, Decree 65/2023/ND-CP;
• List of goods and services intended for trademark registration;
• Trademark registration declaration (in case the client authorizes Viet An Law Firm, the declaration will be signed by the industrial property representative of Viet An Law);
• Power of Attorney for the representative of Viet An Law Firm to apply for trademark registration;

Trademark registration for rice cracker products services in Vietnam

• Legal advice on procedures and requirements for trademark protection;
• Preliminary search and consulting on the possibility of registering trademark protection;
• Drafting trademark protection dossiers;
• Submit documents and monitor the registration and examination process at the National Office of Intellectual Property;
• Representing clients throughout the entire process of establishing rights and responding to official correspondence with the National Office of Intellectual Property on trademark protection;
• Exchange and provide information to clients during the trademark protection registration process.

Clients who need help with trademark registration in Vietnam for rice cracker products, please contact Viet An Law for the fastest, most professional support at the most reasonable cost!