Registering for collective trademark protection: Procedures and documents to prepare

Registering for collective trademark protection is a specific legal process in the field of intellectual property in Vietnam. This process requires strict compliance with legal regulations on registration, management and use of collective marks. To clearly understand the process of registering for collective trademark protection, customers need to grasp the requirements for documents and legal procedures. Please refer to the following article by Long Phan!

What is a collective trademark?

Collective trademarks act as legal tools to protect the rights of collective organizations. According to Clause 17, Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2022, a collective trademark is defined as a sign used to distinguish the goods and services of members of the organization that owns the trademark from the goods and services of organizations or individuals that are not members of that organization.

Vietnamese intellectual property law clearly regulates the scope of collective trademark protection. This scope includes the right to exclusive use, the right to prohibit unauthorized use by others, and the right to transfer the right to use the trademark. Violations of regulations on use of collective marks will be handled according to the provisions of the law.

Who is entitled to register for collective trademark protection?

Pursuant to Article 87 of the Law on Intellectual Property 2005, amended and supplemented in 2022, detailed regulations on registered objects. The law clearly defines that legal collective organizations have the right to register trademarks for their members to use. This regulation applies to cases of registration of signs indicating geographical origin.

For signs indicating the geographical origin of goods and services, the right to registration belongs to the collective organization of local production and business units. The registration of place names and signs indicating the geographical origin of local specialties must be approved by a competent state agency.

Collective organizations must meet the conditions of legal status, management capacity and supervision of trademark use. The registration organization must demonstrate its ability to manage the quality of products and services bearing the collective mark. Regulations on trademark use must be developed in detail and scientifically.

Procedures for registering collective trademark protection

Documents need to be prepared

The application file for collective trademark registration includes the following components:

• 02 Trademark registration declaration forms (according to model number 08);
• 05 brand samples;
• Proof of payment of fees and charges;
• Regulations on use of trademarks;
• Explanation of product properties and quality;
• Geographic map (if any);
• Written consent of the Provincial People’s Committee (if any);
• Power of attorney (if any);
• Additional documents on registration rights.

Regulations on the use of collective marks according to Clause 4, Article 105 of the Law on Intellectual Property 2005 must clearly state:

• Information about the trademark owner;
• Membership standards;
• List used;
• Conditions of use;
• Measures to handle violations.

CSPL: Article 100, Clause 4, Article 105 of the Law on Intellectual Property 2005, amended and supplemented in 2022.

Registration procedure

The process of implementing collective trademark registration procedures includes the following steps:

Step 1: Receive application

• Collective trademark registration applications can be submitted directly or by post to the Intellectual Property Department headquarters in Hanoi.
• Or two representative offices of the Department in the city. Ho Chi Minh and Da Nang.

Step 2: Formality appraisal (1 month)
The National Office of Intellectual Property checks the validity of the application.

• If the application is valid, the Department makes a decision to accept the application.
• If the application is invalid, the Department will issue a notice of intention to refuse and request correction within 2 months. If the required repairs are not made, the Department will reject the application.

Step 3: Announcement of application (2 months)
After the application is validly accepted, the Department will publish information about the application in the Industrial Property Official Gazette so that the parties can object if necessary.

Step 4: Content appraisal (9 months)
The National Office of Intellectual Property evaluates the protectability of trademarks, evaluating factors such as distinctiveness and conformity with regulations on collective trademark use.

Step 5: Make a decision to grant or refuse to grant a protection certificate (2-3 months)

• If the trademark does not meet the protection requirements, the Department will refuse to grant a protection title.
• If the trademark meets the protection conditions and the applicant has fully paid the fees, the Department will issue a Certificate of Collective Trademark Ownership, record it in the National Register and publish it in the Industrial Property Gazette.

The collective trademark registration process lasts about 14-15 months and ends with the issuance of a Certificate of Trademark Ownership if all requirements are met.

Term of collective trademark protection

According to Clause 6, Article 93 of the Law on Intellectual Property 2005, amended and supplemented in 2022, regarding the protection period of collective marks:

• The term of collective trademark protection lasts 10 years.
• The time limit is calculated from the date of filing a valid application at the National Office of Intellectual Property. The protection certificate is valid throughout the territory of Vietnam.
• The owner of a collective mark has the right to renew it many times in a row. Each extension lasts another 10 years. Renewal procedures must be carried out within 6 months before the validity period expires.
• During the protection period, the owner must maintain the validity and use of the trademark. Failure to use continuously for 5 years may result in termination. Owners must pay periodic maintenance fees according to regulations.

Full package trademark registration service at Long Phan

Long Phan provides consulting services and represents collective trademark registration before the National Office of Intellectual Property. Services include searching, analyzing registration possibilities, drafting documents and tracking applications. Our detailed services include:

• Consulting on strategies for building and protecting collective trademarks;
• Look up and evaluate the possibility of protection;
• Drafting regulations on trademark use;
• Prepare registration documents according to regulations;
• Submit application and track application status;
• Respond to issues that arise during the appraisal process;
• Receive the protection certificate and hand it over to the customer;
• Consulting on management and exploitation of trademarks after being granted a certificate.

Registering collective trademark protection requires expertise and practical experience. Long Phan is ready to accompany customers in building and protecting the organization’s intellectual property. Contact hotline immediately 0906735386 to receive detailed advice from consultants with many years of experience in the field of intellectual property on the process, procedures and costs of registering for collective trademark protection.