Currently, products made from rice are no longer strange to Vietnamese consumers. As a people with a long history of wet rice agriculture, Vietnam’s rice products are becoming increasingly diverse and rich. To increase competitiveness in the economic market, businesses must always pay attention to creating new products as well as improving the quality of their products. However, registering a trademark for a product is one of the necessary conditions to conduct business. In the following article, Viet An Law will summarize the regulations on trademark registration in Vietnam for rice noodles.
According to Article 4 of the Intellectual Property Law 2005, amended and supplemented in 2009, 2019, and 2022 (hereinafter referred to as the Intellectual Property Law), trademarks are explained as Marks used to distinguish goods and services. services of different organizations and individuals.
According to Clause 3, Article 6 of the Intellectual Property Law, industrial property rights to trademarks are established based on a decision to grant a protection title by a competent state agency according to the registration procedures prescribed in the Law on Intellectual property or recognition of international registration according to international treaties to which Vietnam is a member.
Thus, the trademark of an organization or individual is only protected when that organization or individual registers for trademark protection.
Classification of trademark registration in Vietnam for rice noodles
In the latest version of Nice Classification of Goods and Services, the rice noodles registration trademark belongs to:
Some famous rice noodle trademark in Vietnam
Hung Lo rice noodles
Hung Lo rice noodles, a product of Hung Lo Cooperative, was honored to be granted a 4-star product certificate according to OCOP standards. Hung Lo Rice Noodles was established in 2016, with the main products being pho and rice noodles. After 6 years of operation, Hung Lo Rice Noodle Cooperative has become a famous unit specializing in producing rice noodles, favored by many consumers.
Cu Thang rice noodles
Cu Thang Commune Agricultural Service Cooperative (Cooperative) operates in 6 business fields, including starch production and starch products (rice noodles). With pride as one of the homeland’s specialty dishes, Cu Thang Rice Noodles has been highly appreciated by many consumers for its appearance and product quality.
Chau Son rice noodles
Chau Son is a village in Ngoc Chau commune, Tan Yen district, Bac Giang province, this place is famous for making rice noodles. Chau Son rice noodles are made from pure, delicious rice, without preservatives or bleaching chemicals. The production stages ensure food hygiene and safety, noodles are dried in the yard to avoid dust. This is why the brand has retained a large number of customers.
A trademark is protected if it meets the following conditions as prescribed in Article 72 of the Intellectual Property Law:
Marks are not protected as trademarks
Not all trademarks can be registered for trademark protection, and some trademarks are not eligible for registration protection. Specifically, in Article 73 of the Intellectual Property Law, the following Marks are not protected as trademarks:
Prepare application for trademark registration of rice noodle products
Application for trademark registration of rice noodle products
In case the rice noodle trademark registration application is a collective mark or certification mark, in addition to the minimum documents mentioned above, the application must also contain the following documents:
The time limit for processing trademark registration applications
From the date it is received by the National Office of Intellectual Property, the trademark registration application is considered in the following order:
Trademark protection period
According to the provisions of Clause 6, Article 93 of the Intellectual Property Law, the Trademark Registration Certificate is valid from the date of issue until the end of ten years from the date of application and can be renewed many times every ten years.
Clients who need advice or learn more about trademark registration in Vietnam for rice noodles in particular and trademark registration in general, please contact Viet An Law Firm for the best support.
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