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The reality of production and business activities of enterprises has led to the need for product packaging protection registration in Vietnam.
Product Packaging Protection Registration in Vietnam
Product packaging protection registration in Vietnam can be carried out in two forms:
- Trademark registration. Product packaging is often considered a type of trademark.
- Industrial design registration. Product packaging can be protected as an industrial design, depending on specific factors such as novelty, creativity level, and industrial applicability.
Registering Product Packaging as an Industrial Design
Registering product packaging protection as an industrial design in Vietnam is a specific process aimed at protecting the aesthetic elements or external appearance of a product without affecting its functionality. Here are the steps you need to take to register product packaging as an industrial design:
1/ Evaluate novelty, creativity level, and industrial applicability:
Ensure your product packaging is new, creative, and industrially applicable.
- Novelty means that before the filing date, the packaging was not disclosed anywhere in the world.
- Creativity level means the packaging has at least one distinctive design feature compared to other known industrial designs.
- Industrial applicability means the product packaging can be mass-produced using industrial or manual methods.
2/ Search for industrial designs:
Perform a search on the database of the Vietnam Intellectual Property Office and other sources such as websites, press, and published scientific research to check for similar or identical industrial designs that have been registered or disclosed.
3/ Prepare the product packaging protection registration file:
The file should include:
- Industrial design registration form: Fill in all required and accurate information.
- Description of the industrial design: Describe the packaging details including shape, color, material, and any other distinctive elements.
- Images of the industrial design: Provide high-quality images of the packaging from different angles to clearly demonstrate its features.
- Information about the applicant and the designer (if any): Includes names, addresses, nationality.
- Classification of the design: Determine the application field of the design according to the International Classification for Industrial Designs (Locarno Classification).
4/ Submit the product packaging protection registration application:
Submit the prepared file to the Vietnam Intellectual Property Office. The application can be submitted directly at this agency or by post.
5/ Vietnam Intellectual Property Office examines the registration application:
After receiving the application, the office will conduct examination steps according to legal regulations to assess whether the product packaging meets the conditions for protection as an industrial design, including:
- Formal examination
- Publication
- Substantive examination
6/ Issuance of the industrial design protection certificate:
If the industrial design meets the protection conditions, it will be granted an Exclusive Industrial Design Certificate.
The exclusive industrial design certificate is valid for 5 years from the filing date and can be renewed twice consecutively, each time for 5 years. Thus, the Exclusive Industrial Design Certificate can be protected for a maximum of 15 years.
Registering Product Packaging Protection as a Trademark
Registering product packaging protection as a trademark is another method to protect the distinctive elements of your product packaging in Vietnam. This process aims to protect identifying features such as logos, images, colors, and/or words on the packaging that distinguish your product or service from others on the market. Below are the basic steps for registering product packaging protection as a trademark.
1/ Identify the packaging to be protected:
Clearly define the elements of the packaging you want to protect as a trademark, such as logos, product names, distinctive colors, or any special combination of these elements.
2/ Trademark search:
Conduct a search on the database of the Intellectual Property Office to check whether the trademark of the packaging or similar elements has been registered for protection.
3/ Prepare the trademark registration file:
The file should include:
- Trademark registration form: Fill in all the information according to the prescribed form.
- Trademark sample: Provide a clear image of the product packaging including all elements you wish to protect.
- List of products/services: Specify the products/services using this packaging.
- Information about the trademark owner: Includes name, address, and information of the business representative.
4/ Submit the trademark registration application:
Submit the trademark registration application and related documents to the Vietnam Intellectual Property Office. You can submit the application directly at the office or via postal service.
5/ Vietnam Intellectual Property Office examines the trademark registration application:
After receiving the application, the office will conduct examination steps according to legal regulations to assess whether the product packaging can be distinguished, including:
- Formal examination
- Publication
- Substantive examination
6/ Issuance of the trademark protection certificate:
If the trademark meets the protection conditions, the Intellectual Property Office will issue a Trademark Registration Certificate.
The Trademark Registration Certificate is valid for 10 years from the filing date and can be renewed consecutively, each time for 10 years. Thus, the Trademark Registration Certificate can be protected indefinitely.
Depending on the specific characteristics of the product packaging and the protection objectives, contact us immediately to be advised by a specialist intellectual property lawyer in Vietnam on the most effective form of product packaging protection registration.
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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]
