Ways of classification of brands according to current law provisions

Article overview

Classification of brands is a way to distinguish brands from each other to protect the intellectual property rights of businesses. Trademarks not only help distinguish goods and services of different organizations and individuals but are also a means to build reputation and brand in the market. The article below will help you better understand how to classify trademarks and related regulations.

 Ways of classification of brands
Ways of classification of brands

Conditions for trademarks to be protected

Pursuant to Article 72 of the Law on Intellectual Property 2005 amended by Clause 20, Article 1 of the 2022 Amended Intellectual Property Law, it is stipulated that a trademark is protected if it meets the following conditions:

  • A visible sign in the form of letters, words, drawings, images, holograms or a combination of these elements, represented by one or more colors or audio signs expressed in the form of graphic form;
  • The trademark must be able to distinguish it from the goods and services of other entities;
  • Trademarks are not subject to protection under Article 73 of the Law on Intellectual Property Law 2005 (amended and supplemented by Clause 21, Article 1 of the revised Intellectual Property Law 2022).

In order for a trademark to be protected, the person registering for trademark protection needs to ensure that his trademark does not violate the above conditions to protect his rights and interests.

Classification of trademarks according to Vietnamese law

Based on the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022), trademarks are divided into the following types:

  1. Common trademark: A sign used to distinguish goods and services of different organizations and individuals (Clause 16, Article 4);
  2. Collective trademark: A trademark used to distinguish the goods and services of members of an organization that are protected as collective marks from the goods and services of other organizations and individuals that are not members. of that organization (Clause 17, Article 4);
  3. Certification mark: A mark in which the mark owner allows other organizations and individuals to use the mark on their goods and services to certify the characteristics of origin, raw materials, and materials. , how to produce goods, how to provide services, quality, accuracy, safety or other characteristics of goods and services bearing the mark (Clause 18, Article 4);
  4. Famous trademark: A trademark widely known to most people in the territory of Vietnam (Clause 20, Article 4).

Classification of brands according to the above four types brings different values ​​in terms of scope of protection and duration of protection. This helps ensure flexibility, meeting the diverse needs of businesses, organizations and individuals in protecting their intellectual property rights in the business process.

Register for trademark protection
Register for trademark protection

Scope of trademark protection

The scope of trademark protection is divided into:

  1. Trademark protection by space: A trademark that is granted a protection title in any country will be protected in that country and will only be protected as a trademark for the field in which it is granted a protection title. Pursuant to Clause 1, Article 93 of the Law on Intellectual Property 2005 (supplemented by Clause 29, Article 1 of the 2022 Amended Intellectual Property Law), the Trademark Registration Certificate is valid throughout the entire territory of Vietnam.
  2. Trademark protection over time: Trademark protection term is a fixed term and when the protection term expires, it can be extended many times. Pursuant to Clause 6, Article 93 of the Law on Intellectual Property 2005, it is stipulated that a Trademark Registration Certificate is valid from the date of issue until the end of ten years from the date of filing the application for registration of trademark protection, and can be extended for multiple periods. consecutive times, each time ten years.
 Trademark protection period
Trademark protection period

Full package trademark registration service at Long Phan

In order for a trademark to be protected, businesses need to register for trademark protection. Through this article, Long Phan is always willing to support customers in the trademark registration process as well as necessary notes on the order and procedures to do so effectively. Our services include:

  • Consulting on legal regulations related to trademark protection registration;
  • Look up and evaluate the protection of trademarks;
  • Assist customers in preparing and drafting necessary documents;
  • Representing customers to carry out protection registration procedures at competent state agencies;
  • Regularly update application status and respond to notifications from competent authorities;
  • Answer questions throughout the implementation process, after registering for trademark protection;
  • Deliver and receive results at home, free of charge within the city. Ho Chi Minh.

Classification of brands according to legal regulations is an important step in the process of protecting intellectual property rights. Therefore, businesses need to clearly understand how to classify and register to optimize benefits from their trademarks. Together with a team of experienced experts, Long Phan will support customers in effectively classifying and registering trademarks. Please contact the hotline immediately 0906735386 for more specific and detailed advice.