Instructions on the process of registering trademark protection for products and goods

Register trademark protection for products and goods is a procedure that helps businesses protect their legal rights, prevent infringement and enhance brand recognition in the market. The trademark registration process helps ensure exclusive use of the trademark, thereby building trust with customers and enhancing brand value. Through the following article, Long Phan will guide you through the process of registering trademark protection for your products and goods.

Term of trademark protection for products and goods

Pursuant to Clause 6, Article 93 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the term of protection of a trademark for products and goods is ten years from the date of application, and can be renewed many consecutive times, each time for ten years.

Competent agency registers trademark protection for products and goods

Pursuant to Point i, Clause 2 and Point a, Clause 3, Article 9 of Circular 23/2023/TT-BKHCN, the agency competent to register trademark protection for products and goods is the Department of Intellectual Property.

Procedures for registering trademark protection for products and goods

Prepared documents

Pursuant to Clause 1, Clause 3 and Clause 4, Article 24 of Circular 23/2023/TT-BKHCN, the components of the application for trademark protection registration in Vietnam include:

• Trademark registration declaration for products and goods according to form No. 08 Appendix I of Decree 65/2023/ND-CP.
• 05 trademark samples measuring 80mm x 80mm (the attached trademark sample must be identical to the trademark sample pasted on the registration application declaration, including size and color). If color protection is required, all trademark samples on the declaration and accompanying documents must have the correct colors to be protected;
• Proof of payment of fees and charges.

In case the trademark registration application for a product or goods is a collective mark or a 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 special characteristics and quality of the product (if the brand is related to a specific product or proves the quality/origin of the address);
• 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 signs 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 signs indicating the geographical origin of local specialties for trademark registration (if the registered trademark is a collective trademark or certification trademark containing place names or other signs indicating the geographical origin of local specialties).

Other documents (if any)

• Power of attorney (if applying for registration through industrial property representation service organizations);
• Document confirming permission to use special signs (if the trademark sought to be protected symbols, flags, badges of domestic and international agencies and organizations, etc);
• Document proving the right to registration, if the applicant enjoys that right of another person;
• Documents proving priority rights (if the application claims priority rights).

Implementation steps

Pursuant to Article 9, Article 10, Article 25 and Article 26 of Circular 23/2023/TT-BKHCN, the steps to register trademark protection for products and goods in Vietnam include:

Step 1: The owner of the trademark of the product or goods submits the application in person or by post to the headquarters of the National Office of Intellectual Property.

Step 2: Appraisal of application form

• In case the application is valid, the National Office of Intellectual Property issues a decision to accept the valid application;
• If the application is invalid, the National Office of Intellectual Property will issue a refusal notice, clearly stating the reason and setting a time limit of 2 months for the unit to correct the errors or object;
• If the request is not corrected properly or the objection is unreasonable, the Department will decide to refuse acceptance.

Step 3: Announcement of application

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

Step 4: Appraisal of application content

• The processing agency evaluates the possibility of protection of the subject stated in the application according to the protection conditions, thereby determining the corresponding scope of protection.
• The time limit for appraising the content of an application is no more than 09 months.

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

• If the trademark does not meet the requirements set forth, the National Office of Intellectual Property will issue a decision to refuse to grant a protection title.
• If the trademark meets the protection requirements and the applicant pays the full and timely fees, the Intellectual Property Office will issue a decision to grant a protection certificate, record it in the National Register of Trademarks and publish it in the Industrial Property Gazette.

Step 6: Announcing the decision to grant a protection certificate

Within 60 days from the date of the decision and being recorded in the National Register of Industrial Property according to regulations, the National Office of Intellectual Property will publish it in the Industrial Property Official Gazette.

Consulting services and support for registering trademark protection for products and goods

Consulting and support services for registering trademark protection for products and goods at Long Phan provide comprehensive solutions, helping you register trademarks quickly, effectively and safely. Our services include:

• Consulting on regulations and procedures for registering trademark protection.
• Support trademark search before registration to avoid duplicates or confusion with other registered trademarks.
• Support customers in preparing trademark registration documents.
• Representing the customer to submit the application for registration at the Intellectual Property Office and monitor the application processing process.
• Support customers in working with competent authorities and resolve invalid applications.
• Consulting on trademark protection after registration, monitoring trademarks on the market and representing to handle trademark disputes.

Trademark registration consulting services for goods and products not only help businesses protect intellectual property but also increase brand value in the eyes of customers. With support from experienced experts, the label registration process becomes easier and more effective, helping businesses avoid errors and unnecessary risks. Please contact us via the hotline: 0906735386 for detailed and accurate advice on the trademark protection registration process.