Trademarks and trademarks are of great importance to the food industry. The creativity, difference, and impression in the design of the brand, is an effective method of promoting the brand to consumers, deciding buying behavior. Brand is also considered an intangible asset and has sustainable value over time for businesses. Therefore, the registration of food trademark protection is very important. Please read the article below to know more about the legal provisions on how to register a food brand.
Legal grounds
Intellectual property law
Conditions for trademark registration of food?
First of all, in order for a state agency to carry out procedures for granting a protection title, a trademark that wants to be protected must first meet the following conditions:
First, it must be a visible sign in the form of letters, words, drawings, images, including holograms, or a combination thereof, represented by one or more colors. This condition is understood that the brand must be perceived and felt by the human eye, not the invisible through looking at and observing the goods label and seeing the brand name of those goods to distinguish them. differentiated from other goods and services.
In other words, the brand must exist in the form of a certain material so that people can see it. For this to happen, a brand must exist in the form of words, images, drawings; or a combination of the above and be represented by one or more colors.
For example, a written brand like that of a Coca-Cola beverage is the word Coca-Cola in red on a white background.
Besides, although it is a visible trademark, the law provides that such a sign is not protected in the name of a trademark when it falls into one of the following cases:
- Signs identical or confusingly similar to national flags and emblems of other countries;
- Signs identical or confusingly similar to symbols, flags, badges, abbreviations and full names of state agencies, political organizations, socio-political organizations or political organizations socio-professional organizations, social organizations, socio-professional organizations of Vietnam and international organizations, without the permission of such agencies or organizations;
- Signs identical or confusingly similar to real names, nicknames, pseudonyms, images of leaders, national heroes, and famous people of Vietnam or abroad;
- Signs identical or confusingly similar to certification marks, inspection marks, or warranty marks of an international organization that such organization requests may not be used, unless this organization itself registers the products. such mark as a certification mark;
- Signs that mislead, confuse or deceive consumers about the origin, features, uses, quality, value or other characteristics of goods or services.
Second, that brand must be able to distinguish the goods and services of the brand owner from the goods and services of other subjects. A brand is considered distinctive if it is made up of one or more recognizable and memorable elements, or from many elements that combine to form a recognizable and memorable whole and is not part of the cases falling under Clause 2, Article 74 of the Law on Intellectual Property 2005 as amended and supplemented in 2009 and 2019.
Easy to recognize, easy to remember is understood that when observing, consumers can impress and keep in their memory, anyone who has seen the brand can easily recognize and distinguish the brand that with other brands.
How to register a food brand?
Food trademark registration file
Conduct a search and find that the intended trademark meets the standard conditions, then prepare a dossier for registration. Profile include:
02 declarations for registration of food brands
05 attached brand samples (the attached brand model must be identical to the cockroach brand model on the registration declaration both in size and color)
Authorization letter if authorizing the representative organization of the Intellectual Property Departmentto file the application (if authorized)
Proof of payment of fees and charges
Other documents (if any)
Food trademark registration procedure
Then proceed to register a food brand in the following order:
Step 1: Submit application at NOIP;
Step 2: The application will be formally examined to evaluate the validity of the application, the time limit for assessment is 01 month
Step 3: Application information will be published within 02 months from the valid date. (The form of publication is to publish it on the Industrial Property Official Gazette every month on the website of the NOIP)
Step 4: Substantive examination, at this step, the application will be evaluated according to the protection conditions and determine the corresponding scope of protection. The appraisal period is 9 months from the date of application publication
Step 5: Issuing a Protection Title/Rejecting Protection, at the end of the content appraisal period, if the youtube channel name meets the protection conditions, the NOIP will issue a notice of granting a protection title. The application must be followed up to pay the full degree fee. In case the trademark does not meet the prescribed conditions, the NOIP will issue a notice of its intention to refuse protection and set a time limit of 3 months for the application owner to counter the Bureau’s opinion, if the application owner does not If the counter-argument or counter-argument is not convincing, the Department will officially decide to refuse.
Working process on trademark registration service of Lawyer X
In case you have a need to use the trademark registration service of Lawyer X, you just need to provide us with one of the following documents (must have expiry date) and we will take care of it all. on behalf of dear customers:
Copy of ID card/CCCD/passport (for individuals)
The brand logo file needs to be registered for protection
Business license (for HKD, enterprise)
Trademark registration service of Lawyer X
Nowadays, trademark registration is very popular. However, not all business owners have adequate knowledge of intellectual property law in general; and knowledge of trademark registration procedures in particular. Therefore, causing unnecessary losses and risks such as:
The business market is always a highly competitive, high-risk market. The delay in the trademark registration process will make the brand possible to be copied and taken advantage of by competitors.
The trademark registration process involves many steps and takes a long time. So the more you delay, the more risks and losses you will create.
When using the service, lawyers can advise, exchange and support customers in the best way. Contribute to the smooth, fast and efficient registration process.
Related article:
Frequently asked questions
Trademark registration for food means that an organization or individual submits a trademark application for a certain food product line to a competent state agency, specifically here, the National Office of Intellectual Property to carry out the work. consider and grant a Certificate of Protection to that food brand.
From the date of receipt by the NOIP, the trademark registration application shall be considered in the following order:
– Formal assessment: 01 month
– Application announcement: within 02 months from the date of receipt of a decision on acceptance of a valid application
Substantive examination: no more than 09 months from the date of application publication.
Within 1 year (actually usually 16-24 months) from the date of application, customers will receive a notice of granting an exclusive trademark protection title.
Services of LawyerX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client Lawyer X will be 100% confidential.
Please contact us immediately if you have any questions about “How to register a food brand in Vietnam?”
Contact LSX Lawfirm
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