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Registration of food trademark in Vietnam according to the current Intellectual Property Law.
What is Food?
Food is any substance consumed to provide nutritional support for the body. These are usually products from plants, animals, or fungi and contain essential nutrients such as carbohydrates, proteins, fats, vitamins, and minerals. Food is not only important for maintaining health and life but also plays a role in cultural, social, and economic contexts.
To conduct food business, in addition to ensuring compliance with food safety and hygiene regulations, organizations and individuals must also pay attention to registering trademarks for food to prevent the production of counterfeit products that could negatively affect the brand’s reputation.
Procedures for Registration of Food Trademarks in Vietnam
To register a food trademark in Vietnam, organizations and individuals need to follow these steps:
Identify the Trademark for Food to be Registered
First, you need to clearly identify your trademark, including the name, logo, image, sound, or a combination of some or all of these elements that you want to use to distinguish your food products from those of other businesses.
Trademark Search in Vietnam
Before submitting a trademark registration application for food, you need to check to ensure that your trademark does not duplicate or closely resemble a trademark that is already protected or applied for registration. You can conduct the search yourself on the Intellectual Property Office‘s information system or use our professional trademark search service.
Prepare the Trademark Registration Dossier for Food in Vietnam
The trademark registration dossier for food includes:
- Trademark registration application form.
- Sample of the trademark (image of the trademark).
- List of products/food items to which the trademark will be applied.
- Proof of payment of registration fees.
- Power of attorney (if filing through an industrial property representation organization).
- Priority documents (if any).
Submit the Trademark Registration Dossier for Food in Vietnam
The trademark registration application form along with all related documents need to be submitted directly at the offices of the Intellectual Property Office of Vietnam or via postal service. You can submit the application yourself or through our industrial property representation service.
Formal Examination and Publication of the Food Trademark Application in Vietnam
After submitting the application, the food trademark will be examined for formalities. If the application meets the requirements, the Intellectual Property Office will publish the application in the Industrial Property Gazette.
Substantive Examination of the Food Trademark Application in Vietnam
This stage is to determine whether the trademark meets the conditions for uniqueness and does not duplicate existing registered trademarks. If there are any oppositions from third parties, the trademark applicant will need to respond and provide convincing evidence to defend their trademark application.
Issuance of the Food Trademark Protection Certificate in Vietnam
If your food trademark application passes all examination stages without any legal issues, the Intellectual Property Office will issue a protection certificate for the trademark.
The process of registering a food trademark can take from 18 to 24 months, depending on the handling of the application and resolution of any arising issues. It should also be noted that trademark registration is very important to protect the rights and interests of businesses in today’s competitive market.
