Brand protection – Instructions on how to comply with the law

Article overview

Brand protection creates legal ownership rights for businesses in the Vietnamese market, preventing acts of infringement and illegal copying. Registering brand protection in accordance with the legal process helps businesses build sustainable intellectual property, expand business markets and create reputation with partners. The following article by Long Phan will provide detailed instructions on the process of registering brand protection according to current legal regulations.

Things to know about brand protection today
Things to know about brand protection today

What is a brand?

Brand is a legal sign used to distinguish goods and services of different organizations and individuals in business activities. Although the term “brand” is not directly defined in legal documents, in practice, brand is considered synonymous with trademark. And brands act as a tool to determine the origin and quality of products and services from manufacturers to consumers.

Why is it necessary to register brand protection?

Registering brand protection is an important step to ensure legal rights and protect the value and reputation of the brand. Implementing this process early will bring long-term benefits and enhance business value. Specifically, when registering for brand protection, there will be the following benefits:

  1. Protect legal property rights

Once a trademark is registered, the owner has the exclusive right to use that trademark in the registered areas. This prevents others from illegally using or intentionally copying your trademark, helping to avoid unnecessary disputes.

  1. Increase brand value

A protected brand has higher value in the eyes of partners, investors and customers. This is an intangible asset, contributing to improving business value and can be transferred, licensed for use or used as collateral.

  1. Limit legal risks

Registration helps businesses avoid being sued for accidentally using a trademark that belongs to someone else. At the same time, if a dispute occurs, the trademark registration certificate is solid legal evidence to protect your rights.

  1. Create trust with customers

A protected brand will create more trust and prestige in the eyes of consumers. This makes it easier for brands to build loyalty and attract new customers.

  1. Prevent counterfeiting and counterfeiting

Registering for protection helps prevent acts of brand abuse to produce and trade fake and poor quality products, protecting the reputation and quality of products/services of the business.

The importance of registering for brand protection
The importance of registering for brand protection

Procedures for registering brand protection

Profile components

Registering a trademark is one of the important steps to protect intellectual property rights and create a competitive advantage in the market. Preparing documents according to regulations not only helps the registration process go smoothly but also ensures full legal rights for the trademark owner. Document components that need to be prepared include:

  1. Trademark registration declaration according to Form No. 08 in Appendix I of Decree No. 65/2023/ND-CP.
  2. Trademark samples (05 samples measuring 80 x 80 mm) and list of goods and services bearing the trademark.
  3. Document confirming permission to use special signs (symbols, flags, badges, seals…).
  4. For collective mark registration applications, certification marks must contain:
  • Regulations on use of collective marks/certification marks;
  • Map of geographical area (if the registered mark is a mark certifying the geographical origin of the product, or a collective mark, certification mark containing place names or other signs indicating the geographical origin of the characteristic local products);
  • Document of the People’s Committee of the province or centrally-run city permitting the use of place names or other signs indicating the geographical origin of local specialties (if the registered trademark is a collective trademark or certification trademark containing place names or other signs indicating the geographical origin of local specialties);
  1. Power of attorney (if applying through a representative);
  2. Document proving the right to registration if the applicant benefits from another person’s right to registration;
  3. Documents proving priority rights, if claiming priority rights;
  4. Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department’s account).

Legal basis: Clause 1, Article 100, 101, Article 105 of the Law on Intellectual Property, Part IV Appendix I of Decree 65/2023/ND-CP and Article 24 of Circular 23/2023/TT-BKHCN.

Implementation process

Step 1: Receive application

  • Applications can be submitted directly or sent by post to the Intellectual Property Office headquarters in Hanoi or 2 Representative Offices of the Department in City. Ho Chi Minh and Da Nang.

Step 2: Verify the application form.

Check the compliance with formal regulations for the application, thereby making a conclusion whether the application is considered valid or not (Make a decision to accept the application as valid/refuse to accept the application).

  • In case the application is valid, the National Office of Intellectual Property issues a decision to accept the valid application;
  • In case the application is invalid, the Intellectual Property Office shall issue a notice of intention to refuse to accept the valid application, clearly stating the reasons and shortcomings that may cause the application to be refused to be accepted and setting a 2-month deadline for the applicant to comment or correct the shortcomings. If the applicant fails to correct the shortcomings/corrects the shortcomings unsatisfactorily/does not have any objection/the objection is unreasonable, the Intellectual Property Office shall issue a decision to refuse to accept the application.

Step 3: Announce the application

  • After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette.

Step 4: Appraise the content of the application

  • Evaluate the possibility of protection of the subject stated in the application according to the protection conditions, thereby determining the corresponding scope of protection.

Step 5: Make a decision to grant/refuse to grant a protection title:

  • If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property will issue a decision to refuse to grant a protection certificate;
  • If the subject matter stated in the application meets the protection requirements, and the applicant pays fees and charges in full and on time, the National Office of Intellectual Property will issue a decision to grant a protection certificate and record it in the Register. National registration of trademarks and publication in the Industrial Property Official Gazette.

Legal basis: Decision No. 3038/QD-BKHCN.

>>> Reference: Look up logos and brands: Detailed instructions.

Steps to register for trademark protection
Steps to register for trademark protection

Consulting services and guidance on quickly and comprehensive brand protection registration at Long Phan

Long Phan provides comprehensive and effective brand protection registration services, from initial consultation to completion of procedures, ensuring that customers’ brands are optimally protected. Our services include:

  • In-depth consultation on brand protection and propose protection plans suitable to customers’ needs and business goals.
  • Support for searching and appraising brand protection capabilities on national and international databases.
  • Support preparation and drafting of complete documents to ensure documents meet all conditions according to legal regulations.
  • Support customer representatives to submit documents at the Intellectual Property Office or related agencies.
  • Monitor application processing progress and quickly report results to customers.
  • Consulting on implementing brand protection extension procedures to protect the brand long-term.

Brand protection is not only protecting intellectual property but also a solid foundation for the long-term development of a business. Long Phan is committed to providing professional, fast and effective services, accompanying customers on their journey to build and affirm their brands. Please contact Long Phan immediately via the hotline 0906735386 for free consultation on the trademark protection registration process by our team of experienced experts.