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What is a Certification Mark? How to Register a Certification Mark in Vietnam? A certification mark is a special type of trademark that serves to verify specific qualities of goods or services, such as their origin, quality, or method of production. Unlike standard trademarks used by businesses to distinguish their products or services, certification marks are usually held by organizations that do not directly produce or sell the certified items. Instead, these organizations certify that others’ goods or services meet certain standards. In Vietnam, the process to register a certification mark requires careful preparation, including defining certification criteria and establishing mechanisms for quality assurance. This article provides an overview of certification marks and outlines the steps for registering one with IP Vietnam.
What is a Certification Mark?
According to the provisions of the Intellectual Property Law, a certification mark is a type of trademark whose owner allows other entities to use the mark on their goods or services to certify certain characteristics, such as origin, materials, ingredients, production methods, service provision methods, quality, accuracy, safety, or other attributes of the goods or services bearing the certification mark.
Under the Intellectual Property Law, a certification mark is a unique type of trademark that its owner permits other entities to use on their products or services. The purpose of this mark is to certify certain qualities or characteristics of these products or services, including but not limited to their origin, the type and quality of materials or ingredients used, specific methods of production, standards of service provision, quality benchmarks, accuracy of information, safety measures, or other significant features. Unlike traditional trademarks used by manufacturers or service providers to distinguish their own goods or services, a certification mark is typically owned by an organization or entity that does not directly produce or sell the certified goods or services but instead sets and enforces standards for them. This ensures that consumers can trust that products or services bearing the certification mark consistently meet specified criteria.
Right to Register a Certification Mark in Vietnam
Under the Intellectual Property Law, organizations with the function of controlling and certifying the origin, characteristics, quality, or other criteria related to goods or services have the right to register a certification mark. However, to qualify, these organizations must not engage in the production or business of the goods or services being certified. This ensures that certification marks serve as impartial assurances of quality and standards, rather than as tools for competition in the marketplace.
For certification marks that include place names or symbols indicating the geographic origin of local specialties in Vietnam, registration requires additional authorization. Specifically, these certification marks, which highlight a product’s unique association with a specific region, must be approved by a relevant state authority. This provision is in place to protect geographic indications and ensure that only certified local goods can use the place name or symbol, thereby maintaining the integrity and reputation of Vietnamese regional specialties on the market.
Right to Use a Certification Mark in Vietnam
The owner of a certification mark has the authority to permit other organizations and individuals to use the certification mark on goods or services they produce or provide, provided these goods or services meet the conditions set forth in the Certification Mark Usage Regulations. This regulatory framework establishes the specific standards that must be met for the certification mark to be applied, ensuring consistency and quality in the certified products or services.
The certification mark owner also manages the usage of the mark in accordance with these regulations, which includes several key responsibilities: collecting certification mark management fees, monitoring compliance with the certification standards, and suspending the right to use the certification mark if necessary. This oversight helps maintain the value and integrity of the certification mark by ensuring that only products or services adhering to the established standards bear the mark.
Organizations or individuals wishing to use the certification mark must obtain permission from the mark’s owner and fulfill all conditions outlined in the Certification Mark Usage Regulations. This approval process ensures that only those entities that meet the strict certification requirements are allowed to use the mark, thereby reinforcing consumer trust in the quality and reliability of the goods and services associated with the certification.
Usage Regulations of Certification Mark in Vietnam
The Certification Mark Usage Regulations are issued by the certification mark owner and include the following key elements:
- Name of the certification mark owner;
- Conditions required to use the certification mark;
- Characteristics of the goods or services that qualify for certification mark usage;
- Methods for evaluating the characteristics of these goods or services;
- Methods for controlling the use of the certification mark;
- Fees for certification and protection of the mark (if applicable).
Additionally, the Certification Mark Usage Regulations must clearly address the following points:
- Information about the certification mark, the mark owner, and the certified goods or services;
- Conditions for granting or terminating the right to use the certification mark;
- Obligations of organizations and individuals authorized by the certification mark owner to use the mark;
- Rights of the certification mark owner;
- Mechanisms for licensing, monitoring, and inspecting the use of the certification mark to ensure the quality and reputation of certified goods or services;
- Mechanisms for dispute resolution.
These regulations ensure that only qualified entities use the certification mark while maintaining its value and the standards it represents.
Application Dossier for Certification Mark Registration in Vietnam
The application dossier for registering a certification mark in Vietnam must include the following documents:
1/ Proof of the applicant’s legal status: this may include a National ID, Citizen ID, Business Registration Certificate, Establishment Decision, etc.
2/ Trademark registration application form (according to the specified template).
3/ Sample of the certification mark.
4/ Certification Mark Usage Regulations.
5/ Explanation of the specific characteristics and quality of the product bearing the certification mark (if the mark certifies product quality or geographic origin).
6/ Map of the geographical area (required if the mark certifies the geographic origin of the product or includes place names or other indicators of the local specialty’s origin).
7/ Authorization document from the provincial People’s Committee permitting the use of place names or other indicators of geographic origin for local specialties in the certification mark (required if the mark includes place names or refers to the origin of the local specialty).
8/ Receipt of fee payment (if fees are paid by post or directly into the Intellectual Property Office’s account).
These documents are essential for establishing the eligibility and compliance of the certification mark with Vietnamese intellectual property regulations.
DCNH Law – Certification Mark Registration Services in Vietnam
Looking to protect your brand’s standards and reputation in Vietnam? DCNH Law specializes in certification mark registration, providing comprehensive support from document preparation to application submission. Our expert team ensures compliance with Vietnamese intellectual property regulations, allowing your business to confidently certify quality, origin, and other essential product attributes. With DCNH Law’s efficient, client-focused service, we make the process of registering your certification mark seamless and secure. Let us help you establish trust and authenticity for your goods or services with a certified mark.
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DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
