Trademark description: Simple registration process

Trademark description is the step of establishing intellectual property rights for businesses in the trademark protection registration process at the National Office of Intellectual Property. A detailed and accurate description of the elements that make up the trademark will help the registration application be processed quickly, increasing the possibility of being granted a protection certificate. The following article by Long Phan will guide customers through the process of trademark description to meet legal standards.

What is a trademark? Why is it necessary to describe the brand?

According to Clause 16, Article 4 of the Law on Intellectual Property 2005, amended and supplemented in 2022, trademarks are signs used to distinguish goods and services of different organizations and individuals. Some types of regulated trademarks include:

• Collective mark: Used to distinguish the goods and services of members of the organization that owns the mark from those of non-members.
• Certification mark: The owner allows other organizations and individuals to use it to certify the characteristics of origin, raw materials, and quality of goods and services.
• Famous trademark: Widely known to the public in the territory of Vietnam.

A trademark description helps identify elements such as color, content and meaning, reflecting the will of the owner. This is the basis for the Intellectual Property Office to assess the validity of the application. Accurate descriptions facilitate registration and protect the owner’s legal rights.

How to describe a trademark when registering for trademark protection

When registering for trademark protection, the applicant must make a description on the declaration form in accordance with the law. The description includes two main parts: brand colors and details of the elements that make up the brand.

Trademark description requirements:

• The trademark must be clearly described to highlight its constituent elements and overall meaning (if any).
• If the mark contains words or phrases that belong to figurative language, it must be transliterated; If in a foreign language, it needs to be translated into Vietnamese.

Brand color description:

• The applicant needs to fully and accurately list all colors included in the trademark.

Detailed description of the brand:

• Brand ingredients:Specify whether the mark consists of images, text, or a combination of both.
• Order of description:Describe the brand in a specific order, such as top to bottom, left to right, or outside to inside.
• Text part:Describe style, font, color and meaning. If the words are in a foreign language, the meaning needs to be translated into Vietnamese.
• Figure part:Detailed description of shapes, colors and stylized or symbolic features (if any).

Procedures for registering trademark protection

Trademark registration is carried out according to strict legal requirements and steps. Below are detailed steps and documents needed to prepare:

Application for registration of trademark protection

Registration documents need to be prepared according to the provisions of Clause 1, Article 100, 101 and Article 105 of the Law on Intellectual Property, Part IV Appendix I Decree 65/2023/ND-CP, Article 24 Circular 23/2023/TT -BKHCN. Specifically:

• Trademark registration declaration according to Model number 08 in Appendix I of Decree No. 65/2023/ND-CP;
• Trademark samples (05 samples measuring 80 x 80 mm) and list of goods and services bearing the trademark;
• The document confirms the permission to use special signs (symbols, flags, badges, seals…).

Note:

For applications to register collective marks or certification marks, additional attachments need to be prepared.

Procedure steps

Pursuant to Decision No. 3038/QD-BKHCN, the process of registering trademark protection will be carried out as follows:

• Submit application: Documents can be submitted directly or by post to the Intellectual Property Department in Hanoi or representative offices in the city. Ho Chi Minh and Da Nang.
• Appraisal of application form: Check the validity of the application. If valid, the Department accepts; If not, we will notify you of the reason and request correction within 2 months.
• Announcement of application: After accepting a valid application, the Department will publish it in the Industrial Property Official Gazette.
• Appraisal of application content: Evaluate the protection ability of the trademark and determine the scope of protection.
• Decision to grant/refuse protection title: If the requirements are met, the Department will issue a diploma and publish it; If not, the Department refuses to grant a protection certificate.

Detailed instructions on how to describe a trademark and full trademark protection registration service at Long Phan

With a team of experienced and dedicated experts, we will accompany customers from the process of building strategies, registering to managing and protecting the brand throughout its life. Consulting and support services at Long Phan include:

• Provides information about criteria and regulations for trademarks to be protected.
• Instructions for choosing the appropriate trademark type and scope of protection.
• Assist in drafting necessary applications.
• Enterprise representatives submit documents at the National Office of Intellectual Property, monitor the appraisal process and handle arising issues.
• Monitor application processing progress and notify customers of results as quickly as possible.
• Consulting on issues related to maintaining the validity of protection certificates.

Trademark description is an important step in the protection registration process, ensuring rights and value of intellectual property. If you need support or have any questions, please contact us immediately via the hotline 0906735386 for detailed advice on comprehensive trademark registration services and open opportunities to successfully protect your intellectual property.