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A certification trademark is a type of trademark that is increasingly used in Vietnam in recent times. So, what is a certification trademark, and how to register a certification trademark in Vietnam now in 2023?
What does Vietnamese law say about Certification Trademarks?
According to the Intellectual Property Law, a certification trademark is a type of trademark that the owner permits other entities to use on their goods or services to certify specific characteristics such as origin, materials, ingredients, production methods, service provision methods, quality, accuracy, safety, or other characteristics of the goods or services bearing the certification trademark.
Examples of Certification Trademarks in Vietnam:
Certification Trademark “Nông sản Nam Đông” (Nam Đông Agricultural Products) by the People’s Committee of Nam Đông District, Thừa Thiên Huế Province.
Certification Trademark “Gạo Krông Ana” (Krông Ana Rice) by the People’s Committee of Krông Ana District, Đắk Lắk Province.
Certification Trademark “Gạo Tánh Linh” (Tánh Linh Rice) by the Agricultural Promotion Station of Tánh Linh District.
Certification Trademark “Nhãn tím Phong Nẫm” (Purple Label Phong Nẫm) by the Department of Agriculture and Rural Development of Kế Sách District, Sóc Trăng Province.
Certification Trademark “Khô cá dứa – Đặc sản Cần Giờ” (Dried Lizardfish – Can Gio Specialty) by the People’s Committee of Cần Giờ District, Ho Chi Minh City.
List of Certification Trademarks in Vietnam:
View the list of certification trademarks in all 63 provinces of Vietnam.
Who has the right to register a Certification Trademark in Vietnam?
According to the Intellectual Property Law, organizations responsible for controlling and certifying the origin, characteristics, quality, or other criteria related to goods or services have the right to register a certification trademark, provided they do not produce or trade those goods or services themselves.
For certification trademarks with geographical names or other signs indicating the local geographical origin of Vietnamese specialties, registration must be approved by the competent state authority.
Registration Fees for Foreign Trademarks in Vietnam
How is the use of Certification Trademarks regulated in Vietnam?
The owner of a certification trademark has the right to permit other organizations and individuals to use the certification trademark for goods or services that meet the conditions specified in the Certification Trademark Usage Regulations.
The owner of the certification trademark manages the use of the trademark according to the Certification Trademark Usage Regulations, including collecting trademark management fees, monitoring compliance with the regulations, suspending the right to use the certification trademark, etc.
Organizations and individuals wishing to use a certification trademark must obtain permission from the owner and meet the conditions specified in the Certification Trademark Usage Regulations.
Guidelines for drafting Certification Trademark Usage Regulations in Vietnam
The Certification Trademark Usage Regulations in Vietnam, issued by the owner of the certification trademark, include the following key contents:
- Name of the certification trademark owner.
- Conditions for using the certification trademark.
- Characteristics of the goods or services using the certification trademark.
- Methods for evaluating the characteristics of goods or services.
- Methods for controlling the use of the certification trademark.
- Fees for certification, trademark protection (if any).
Additionally, the Certification Trademark Usage Regulations must clarify the following issues:
- Information about the certification trademark, owner of the certification trademark, certified goods or services.
- Conditions for use or termination of the right to use the certification trademark.
- Obligations of organizations or individuals permitted by the owner to use the certification trademark.
- Rights of the certification trademark owner.
- Mechanisms for licensing, controlling, inspecting the use of the certification trademark, and ensuring the quality and reputation of goods or services bearing the certification trademark.
- Dispute resolution mechanisms.
Documents required for registering a Certification Trademark in Vietnam
The registration dossier for a certification trademark in Vietnam includes the following documents:
- Proof of the applicant’s identity: ID card, Citizen identification card, Business registration certificate, Establishment decision, etc.
- Certification Trademark registration form (according to the provided template).
- Certification Trademark model.
- Certification Trademark Usage Regulations.
- Description of the distinctive characteristics of the certified products (if the trademark is a certification trademark for product quality or geographical origin).
- Map of the geographical area (if the trademark is a certification trademark for the geographical origin of the product or contains the geographical name or sign indicating the geographical origin of the local specialty).
- Document from the provincial People’s Committee allowing the use of the geographical name or other signs indicating the geographical origin for the registration of the certification trademark (if the trademark contains a geographical name or indicates the geographical origin of the local specialty).
- Proof of fee payment (if fees are paid by mail or directly into the account of the Intellectual Property Office).
Certification Trademark Registration Service in Vietnam
We are a professional organization operating in the field of Intellectual Property in Vietnam. With a team of lawyers holding specialized training certificates in the field of intellectual property, we take pride in providing services in consulting and registering certification trademarks in Vietnam for domestic and foreign organizations and individuals at reasonable costs.
Contact us now for advice and assistance in quickly and professionally completing the procedures for registering certification trademarks in Vietnam.
Contact Us Now:
DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
