Register an exclusive trademark is a method of disclosing information about a company’s trademark to the public. When the enterprise trademark is registered for protection and announced, most customers will have access to that trademark. As a result, customers can distinguish the brand of the enterprise from those of other individuals and organizations in the relevant industry. What are the conditions and procedures for register an exclusive trademark? With the Luat va Ke toan Viet My, please answer questions and questions related to trademark registration through the article below!

1. Concept of register an exclusive trademark

In order to ensure the legal interest of its trademark, the owner of that trademark needs to register the exclusive trademark at the competent authority. What is the proprietary trademark registration required by the owner of the trademark to understand the proprietary trademark registration? To better understand exclusive trademark registration, follow the following content.

Vietnamese law has no concept of branding. However, it can be interpreted that the brand, logo or company name is also the brand. Therefore, the registration of trademark copyright, which can be considered as registration of trademark, logo or company name.

Pursuant to clause 16, Article 4 of the 2005 Intellectual Property Law as amended by clause 2, Article 1 of the 2009 Revised Intellectual Property Law, the concept of trademarks is used to distinguish goods and services of different organizations and individuals.

Accordingly, proprietary trademark registration is an administrative procedure implemented at the Intellectual Property Office to establish the legal ownership of the trademark, after the trademark registration certificate is issued, the owner will have exclusive use of the trademark throughout the territory of Vietnam.

2. What documents are included in an exclusive trademark registration application?

• Trademark registration declaration – 2 copies (Load Sample);
• 5 Protection Marker Model (requires a size greater than 2x2cm and not greater than 8x8cm, clearly stating the color if it is a color mark);
• List of goods and services bearing registered trademarks;
• Certificate of payment of trademark registration fee.

If the application for registration of a trademark is a collective trademark or certification mark, in addition to the minimum documents mentioned above, the application must contain the following additional documents:

• Regulations on the use of collective marks or certification marks;
• A statement of the characteristic, quality (or characteristic) of a branded product (if the trademark is registered as a collective trademark for a particular characteristic product or as a certification mark of the quality of the product or as a certification mark of the geographical origin of the local special product);
• Geographical area maps (if the registered trademark is a certification mark of the geographical origin of the product, or a mark containing the geographical name or mark indicating the geographical origin of the local special product);
• Documents authorizing the use of the geographical names of the competent authority (if the trademark contains the geographical elements).

Other supplementary documents if any:

• Certificate of authorization (if authorizing another person to carry out procedures for trademark registration);
• Documentation for priority rights.

3. Standard procedures for registering exclusive trademarks

Trademark registration procedures are carried out through 09 steps, specifically as follows:

Step 1: Come up with design ideas and choose a brand;

Step 2: Look up the trademark;

Step 3: Prepare trademark registration documents;

Step 4: Submit application and trademark registration fee to the Vietnam Intellectual Property Office;

Step 5: Appraise the form of the trademark registration application;

Step 6: Announce the trademark application;

Step 7: Appraise the content of the application;

Step 8: Pay the trademark registration application fee;

Step 9: Issue trademark registration certificate.

4. How much does it cost to register an exclusive trademark?

The fee for applying for trademark registration for a group of 6 service products is 1,000,000 VND/group.

• Fee for application for trademark registration: VND 150,000
• Application disclosure fee: VND 120,000
• Fees for inquiry and inquiry for content assessment: VND 180,000/group of products and services
• Content appraisal fee: 550,000 VND/group of products and services
• Content appraisal fees for the 7th product/service or later: VND 120,000/product and service.

Thus, the total cost of trademark registration is 1,000,000 VND per group of products and services.

If you register a trademark of 2 or more groups of products and services, the fee will be 730,000 VND/group from the second group.

5. Precautions to Know When Registering for Trade Mark Protection

Enterprises, business households and individuals are entitled to submit applications for trademark protection to become legal owners of one or more trademarks if that trademark has not been previously registered.

The trademark for registration of protection shall not overlap, be similar or cause confusion with other trademarks that have been registered for protection at home and abroad.

The exclusive trademark registration address should be a permanent address and can be obtained from the Intellectual Property Office in order to avoid loss (all decisions and notices sent by mail whether you apply online or directly).

After being issued a trademark protection degree, the owner can attach the letter “R” on the trademark, packaging the goods so that customers and partners can recognize your trademark has been registered as protection.

The trademark protection certificate (brand certificate) issued by the Department of Intellectual Property has only a term of use within 10 years. Individuals and organizations must submit documents requesting renewal of a trademark protection degree within 6 months before the expiration date of the certificate but not more than 5 years from the expiration date of the certificate. Each degree can be renewed many times, each protection period is 10 years.

6. What’s the difference between a proprietary brand and a proprietary brand?

A brand is a name, term, design, image or other sign that distinguishes an organization or product from an opponent in the eyes of a consumer. When it comes to brands, customers often immediately associate the quality of goods, services, efficiency, customer benefits, and behavior of units/organizations/businesses.

Currently, businesses are investing in building brand recognition systems including: trademarks, logos, packaging, products, catalogs, etc. Although the term brand is widely used in business and commerce, this is not a legal term. Instead, the law recognizes and protects the term “brand.”

Through the above article, Luat va Ke toan Viet My introduced to you the process of register an exclusive trademark in detail and compliance with legal regulations. This is an extremely necessary procedure of individuals and organizations to establish ownership of trademarks. If you need to register trademark rights, please contact us immediately for advice and support as soon as possible!