Currently, the need to register for trademark protection is getting more and more attention. In addition to trademark registration for individuals and businesses, the registration of trademark protection for collectives is also focused. With many years of experience in legal advice in the field of intellectual property, Hong Bang Law would like to offer advice on the procedure for registration of collective trademark protection as follows:

Legal basis

• Intellectual property law
• Circular 01/2007/TT-BKHCN-Guiding the implementation of Decree No. 103/2006/ND-CP dated September 22, 2006 of the Government detailing and guiding the implementation of several articles of the Intellectual Property Law intellectual property rights
• Circular 18/2011/TT-BKHCN- Amending and supplementing some provisions of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, amended and supplemented according to Circular No. 13/2010 /TT-BKHCN dated July 31, 2010 and Circular No. 01/2008/TT-BKHCN dated February 25, 2008, as amended and supplemented according to Circular No. 04/2009/TT-BKHCN dated March 27/ 2009
• Decree 103/2006/ND-CP-Detailing and guiding the implementation of some articles of the Intellectual Property Law on industrial property
• Circular 13/2010/TT-BKHCN- Amending and supplementing several provisions of Circular No. 17/2009/TT-BKHCN dated June 18, 2009 and Circular No. 01/2007/TT-BKHCN dated June 14/ 02/2007
• Circular 05/2013/TT-BKHCN- Amending and supplementing several articles of Circular No. 01/2007/TT-BKHCN dated February 14, 2007 guiding the implementation of Decree No. 103/2006/ND-CP detailing several articles of the Intellectual Property Law on industrial property, as amended and supplemented according to Circular No. 13/2010/TT-BKHCN dated July 30, 2010 and Circular No. 18/2011/TT -BKHCN dated 22/7/2011

Purpose of a collective mark registration

A collective mark is a mark used to distinguish goods and services of members of an organization that is the owner of the mark from those of an organization or individual who is not a member of that organization.

The purpose of the collective trademark registration is to ensure the interests of the group members and to promote the product to the market and impress many consumers. On the other hand, now across the country, there are many traditional craft villages and products bearing the characteristics of each locality, so the registration of a collective mark is essential, because:

• First: the registration will help preserve the traditional values and the unique values of each locality, creating the basis for handling if a dispute arises.
• Second: create confidence about safe goods and services for consumers, bring to the market professionalism in each product.

Requirements for a collective mark application:

– Documents, samples, and information identifying the mark to be protected in a trademark registration application include:

+ Sample of the mark and the list of goods and services bearing the mark;

+ Regulations on the use of collective marks and regulations on the use of certification marks.

– The trademark template must be described to clarify the constituent elements of the mark and the overall meaning of the mark if any; if the mark contains words or phrases belonging to figurative language, those words and phrases must be transcribed; If a trademark contains words or phrases in a foreign language, it must be translated into Vietnamese.

– The goods and services stated in the application for registration of a mark must be classified following the classification under the Niss Agreement on the international classification of goods and services for trademark registration. announced by the state management agency in charge of industrial property rights.

Procedures and the dossiers

The dossiers include:

• The registration form according to the prescribed form;
• Sample of the collective mark (05 samples of size 80 x 80 mm) and list of goods and services bearing the mark;
• Regulations on the use of collective marks;
• An explanation of the characteristic (or specific) nature and quality of the product bearing the mark (if the registered mark is a collective mark used for products with particular characteristics or is a certification mark). the quality of the product or the mark that certifies the geographical origin);
• Map of the geographical area (if the registered mark is a mark certifying the geographical origin of a product, or a collective mark, a certification mark containing a place name or other sign indicating the geographical origin of special location);
• A document of the People’s Committee of the province or centrally run city permitting the registration of the mark (if the registered mark is a collective mark, a certification mark containing a place name or other signs indicating local origin). of local specialties);
• Documents proving the right of priority, if there is a request for priority right;
• Proof of payment of fees and charges.

Procedures:

Step 1: Apply for collective mark registration

This procedure is intended to assess the protective ability of the collective mark stated in the application. The time limit for substantive examination is 06 months from the date of publication of the application.

Step 2: Examination of the collective mark registration application

Assess the compliance with the requirements on the form of the application, thereby concluding whether the application is valid or not.

Where the submitted application contains errors, the applicant is notified and within 01 month from the date of notification, the applicant must correct such errors.

Step 3: Issue a notice to accept/reject the application:

Step 4: Publication of the collective mark registration application

Within 02 months from the date of accepting the valid application, the application will be published in the Industrial Property Official Gazette.

Step 5: Appraise the content

This procedure is intended to assess the protective ability of the collective mark stated in the application. The time limit for substantive examination is 06 months from the date of publication of the application.

Step 6: Decide to grant/refuse to issue a Protective certificate

In case the object stated in the application does not satisfy the protection requirements, the NOIP will issue a decision to refuse to grant a Protective certificate

If the object stated in the application satisfies the protection requirements and the applicant pays the fee, the IPO will grant a protection title and record it in the National Register of Intellectual Property, and publish it in the Official Gazette.

The competent

Intellectual Property Office of Viet Nam

Services of Hong Bang Law

– Legal advice on collective mark registration procedures;

– Drafting dossiers for collective trademark registration;

– Submit dossiers and monitor the progress at the National Office of Intellectual Property;

– Exchange and provide information to customers during the procedures for geographical indication registration at state agencies;

– Receive results on behalf of customers;

– Handing over results to customers.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!