Trademark registration in Vietnam for rice noodles

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.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 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 on intellectual property.

Trademark regulations in Vietnam

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:

• Group 30: Rice noodles, rice products.
• Group 35: Buying, selling, importing and exporting rice noodle products.

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.

Conditions for trademark registration in Vietnam for rice noodles

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.

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:

• Marks that are identical or confusingly similar to the National Flag, National Emblem, National Anthem of the Socialist Republic of Vietnam and other countries, international anthems;
• Marks that are identical or confusingly similar to symbols, flags, badges, abbreviations, full names of state agencies, political organizations, socio-political organizations, political organizations socio-professional organizations, social organizations, socio-professional organizations of Vietnam and international organizations, if not authorized by those agencies or organizations;
• Marks that are identical or confusingly similar to the real names, nicknames, pseudonyms, or images of leaders, national heroes, or famous people of Vietnam or foreign countries;
• Marks that are identical or confusingly similar to certification marks, inspection marks, or warranty marks of an international organization requested by that organization may not be used unless the organization itself registers the marks. That mark serves as a certification mark;
• Marks that mislead, confuse, or deceive consumers about the origin, features, uses, quality, value, or other characteristics of goods or services;
• Mark is the inherent shape of the goods or is required by the technical characteristics of the goods;
• Marks containing copies of works, unless authorized by the owner of the work.

Prepare application for trademark registration of rice noodle products

Application for trademark registration of rice noodle products

• 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 attached trademark sample must be identical to the trademark sample pasted on the registration application declaration, including size and color).
• Proof of payment of fees and charges.

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:

• Regulations on the use of collective marks or certification marks;
• An explanation of the characteristic (or specific) nature and quality of the product bearing the mark (if the mark is registered as a collective mark used for products with specific characteristics or as a quality certification mark). product quality or a mark certifying the geographical origin of local specialties);
• Map of geographical area (if the registered trademark is a trademark certifying the geographical origin of the product, or the trademark contains place names or marks indicating the geographical origin of local specialties).
• Document of the People’s Committee of a province or centrally run city permitting the use of place names or other marks indicating the geographical origin of local specialties for trademark registration (if the registered trademark is a collective trademark, certification trademark containing place names, or other marks indicating the geographical origin of local specialties).

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:

• 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.

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.