The latest collective mark registration application

Collective mark registration is a form of registration according to the provisions of the Intellectual Property Law. Registering a collective mark helps to establish the value of the enterprise. The following article will present in detail the procedures and documents required to register the latest collective mark.

The latest collective mark registration application

What is the Collective mark?

Collective mark is a mark used to distinguish goods or services of members from those of non-members of an organization that is the owner of the mark (Based on Clause 17, Article 4, the Law on Intellectual Property 2005, amended and supplemented in 2009, 2019, 2022).

Typical Collective marks

Conditions for Protecting Collective marks

Collective marks will be registered for protection when they meet the following conditions:

• To be a visible sign in the form of letters, words, pictures, figures, including three dimensional figures or a combination thereof, represented in one or more colors;
• They are capable of distinguishing the goods/services of the collective/organization, which is the owner of the collective trademark, from those of other entities that are not members of the collective/organization.

Based on Article 72 of the 2005 Law on Intellectual Property (amended and supplemented in 2009, 2019, 2022).

Collective mark Registration Procedure

Applications for Collective Trademark Registration

The application for trademark registration includes the following documents:

• 02 Application forms for trademark registration according to Form 08 issued together with Appendix 1 of Decree 65/2023/NĐ-CP.
• 05 Samples of the trademark.
• Fee and charge payment documents.
• Regulations on use.
• Explanatory statement on the nature and quality of the product.
• Geographic map (if available).
• Consent document from the People’s Committee of the province for using geographical names/geographical indications of local specialties to register the trademark (if available).
• Power of attorney (if available).
• Other documents: Confirmation of registration rights; enjoyment of registration rights from others; proof of priority rights, etc.

In which, The rule on using collective mark stipulated in Article 105, Clause 4 of the Intellectual Property Law include the following essential contents:

• Designation, address, grounds of establishment and operations of the collective organization that is the owner of the mark;
• Conditions to become a member of the collective organization;
• List of organizations and individuals permitted to use the mark.
• Conditions for using the mark;
• Remedies applicable to acts violating the rules on using the collective mark;

(Based on Article 24, Clause 1 of Circular No. 23/2023/TT-BKHCN and Appendix I of Decree No. 65/2023/NĐ-CP)

Preparing a collective mark registration application

Registration time for collective marks

This registration process involves steps such as form assessment, announcement, content evaluation, and certificate issuance. Specifically:

• Examined as to form (1 months)

Based on Point a, Clause 7, Article 9 of Circular No. 23/2023/TT-BKHCN guiding the implementation of certain provisions of the Intellectual Property Law on industrial property ownership detailed regulations on the implementation of certain provisions of the Intellectual Property Law on property ownership, the deadline for form assessment is 01 month from the date of application submission as stipulated in Clause 1, Article 119 of the Intellectual Property Law 2005 (amended in 2009, 2019, 2022).

• Publication of valid applications (02 months)

According to the regulations in Point c, Clause 2, Article 10 of Circular No. 23/2023/TT-BKHCN, the trademark registration application will be announced within 02 months from the date of acceptance of a valid application.

• Content evaluation (09 months from the announcement date)

According to the regulations in Clause 2, Article 119 of the Intellectual Property Law and Point c, Clause 4, Article 12 of Circular No. 23/2023/TT-BKHCN, trademarks undergo content evaluation within a period of 06 months.

Additionally, according to the regulations in Point c, Clause 4, Article 12 of Circular No. 23/2023/TT-BKHCN, if the applicant actively requests amendments, supplements, or responds to notices from the Intellectual Property Office, the deadline is extended by an additional 03 months for trademark registration.

Therefore, the content evaluation period is extended to 09 months from the announcement date.

• Issuance of trademark registration certificate (3 months)

Within 03 months from the date of the announcement of the content evaluation results, the Intellectual Property Office will issue the trademark registration certificate. Provided that the applicant has paid the trademark registration fee, publication decision fee, and registration decision fee.

Based on Point c, Clause 13 of Circular No. 23/2023/TT-BKHCN

Where to submit a collective mark registration application

Submit paper documents at the following addresses:

• National Intellectual Property Office in Hanoi: No. 384 – 386 Nguyen Trai Street, Thanh Xuan District, Hanoi City.
• Representative Office of the National Intellectual Property Office in Ho Chi Minh City: 7th Floor, Ha Phan Building, No. 17 – 19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
• Representative Office of the National Intellectual Property Office in Da Nang: 3rd Floor, No. 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City.

Submit online: Through digital signatures and certificates at the National Intellectual Property Office’s online submission system. Within 01 month, the applicant must visit in person to present the online submission confirmation slip and accompanying documents as well as pay the corresponding fees.

Submit by mail: Submit to one of the above-mentioned addresses and include the cost through a money transfer slip attached to the application sent to the corresponding receiving point mentioned above.

Collective mark protection period

• Collective trademarks will be protected from the date the owner is granted the trademark registration certificate.
• The protection period lasts for 10 years from the date of issuance of the trademark registration certificate.
• After this period, the owner can proceed to extend the validity of the registration certificate multiple times, each time separated by 10 years.
• The owner can apply for an extension of the trademark registration certificate validity period within 06 months before or after its expiration date.

Based on Clause 6, Article 93 of the Intellectual Property Law 2005 (amended in 2009, 2019, 2022).

Collective mark registration service

Long Phan will provide a range of advisory services for collective trademark registration to ensure the registration process is smooth and effective. Here are some key advisory services we provide:

• Legal consultation on related regulations for trademark registration,
• Protecting client rights and ensuring full compliance with legal regulations,
• Checking trademark names to ensure no similar or duplicate trademarks are already registered,
• Preparation of documents, submission of applications, monitoring, and handling all necessary procedures with the authorities.

Therefore, this article has provided information on the current procedures and documents required for collective trademark registration. Because of the extended processing time, understanding and correctly following the requirements for trademark registration procedures is crucial. If you have any questions or need to use our trademark registration services, please contact our hotline directly at 0906735386 for assistance.