1. What is a collective trademark

A collective mark is a type of trademark used to identify products or services belonging to members of the organization that own the trademark from those belonging to non-members of the organization. There are many sub-category of collective marks, those included:

Collective membership marks: These marks are used to identify the members of a particular group or organization. For example, the "American Medical Association" mark is a collective membership mark that is used to identify members of the American Medical Association.
Collective product marks: These marks are used to distinguish the goods of the members of a particular group or organization from those of non-members. For example, the "Fairtrade" mark is a collective product mark that is used to identify goods that have been produced in accordance with fair trade principles.
Collective service marks: These marks are used to distinguish the services of the members of a particular group or organization from those of non-members. For example, the "Certified Public Accountant" mark is a collective service mark that is used to identify individuals who have met the requirements to become certified public accountants.

Here are some additional examples of collective marks:

The "Made in Vietnam" mark is a collective mark that is used to identify goods that have been manufactured in Vietnam.
The "Organic" mark is a collective mark that is used to identify food that has been produced in accordance with organic farming standards.
The "Fair Trade" mark is a collective mark that is used to identify goods that have been produced in accordance with fair trade principles.

2. Who can register a collective trademark

The right to register a certification mark belongs to an organization whose responsibility is to oversee and certify the quality, features, origin, or other pertinent criteria of goods or services, as long as the organization does not produce or trade those goods or services. A legally recognized collective organization is also entitled to the registration of a collective mark for use by its members in compliance with the collective mark usage guidelines. The collective of organizations or individuals involved in the production or commerce of products or services in the relevant locality is the entity having the right to register a sign that indicates the geographical origin of goods or services.

The American Medical Association (AMA): The AMA is a professional organization of physicians that was founded in 1847. The AMA owns the "American Medical Association" mark, which is a collective membership mark that is used to identify members of the AMA.
The Fairtrade Foundation: The Fairtrade Foundation is an international organization that promotes fair trade practices. The Fairtrade Foundation owns the "Fairtrade" mark, which is a collective product mark that is used to identify goods that have been produced in accordance with fair trade principles.
The American Institute of Certified Public Accountants (AICPA): The AICPA is a professional organization of certified public accountants (CPAs). The AICPA owns the "Certified Public Accountant" mark, which is a collective service mark that is used to identify individuals who have met the requirements to become certified public accountants.
Vietnam Association of Handicraft Exporters (VIETCRAFT): a non-profit organization that represents the interests of Vietnamese handicraft exporters. HAEXIM owns the "Vietnam Handicraft" mark, which is a collective product mark that is used to identify handicrafts that have been produced in Vietnam.
Vietnam Association of Coffee Exporters and Producers (VICOFA): VICOFA is a non-profit organization that represents the interests of Vietnamese coffee exporters and producers. VICOFA owns the "Vietnam Coffee" mark, which is a collective product mark that is used to identify coffee that has been grown and processed in Vietnam.

In addition to these organizations, there are many other collective mark owners that represent a wide variety of industries and interests. Collective marks play an important role in protecting the intellectual property of groups and organizations and in promoting their goods and services.

3. General requirement for collective mark registration applications

In order to register for a collective mark registration, the dossier included:

Declaration for registration
Documents, samples, information identifying the industrial property object claimed for protection (the mark specimens and list of goods or services bearing the mark).
Power of attorneys to Minh Khue Law Firm, if the application is filed through a representative;
Documents evidencing the right to registration, if acquired by the applicant from another person;
Documents evidencing the priority right, if claimed;
Regulations on the use of certification mark/ collective mark;
Explanation of particular characteristics and quality of the product bearing the mark (if the to-be-registered mark is a collective mark used for a product with unique characteristics or a mark for certification of the quality of a product or a mark for certification of geographical origin)
Map showing the indicated territory (if the to-be registered mark is a mark for certification of the geographical origin of a product).

+ The mark specimen must be explained in order to make clear any components of the mark as well as its overall meaning (if any); any words or phrases in hieroglyphic languages must be transliterated; any words or phrases in foreign languages must be translated into Vietnamese.

+ The Nice Agreement on International Classification of Goods and Services Classification List, which is released by the State administrative authority of industrial property rights, will be used to classify goods or services included in a mark registration application.

+ Regulations on the use of certification mark shall have the following essential contents:

The organization or individual who is the mark owner;
Conditions for using the mark;
Characteristics of goods and services certified by the mark;
Methods of evaluation of the characteristics of goods and services and methods of supervision of the use of the mark;
Expenses payable by the mark user for the certification and protection of the mark, if any.

+ Regulations on the use of collective mark shall consist of the following essential contents:

Designation, address, grounds of establishment and operations of the collective organization that is the owner of the mark;
Conditions to become a member of the collective organization;
List of organizations and individuals permitted to use the mark.
Conditions for using the mark; 5) Remedies applicable to acts violating the rules on using the collective mark;

+ Requirements of application:

When applying for a certification mark, the applicant must explicitly state in the written declaration the purpose, content, and methodology of the certification (certify what: specific conditions on the entity, goods, or services; certification content: origin, quality, or combination thereof; how to certify: order and procedures for grant of certification licenses, method of inspection and maintenance of the certification purpose and content etc.).

Regulation requirements for the application of collective and certification marks: The following issues need to be made clear in regulations on the use of certification marks and collective marks:

Brief information on the mark, the mark proprietor and goods and services bearing the mark;
Conditions for the person registering to license the mark and conditions for termination of the right to use the mark;
Mark user obligations (ensuring the unique qualities and features of a good or service bearing the mark, submitting to the mark registrant's control, paying the mark management charge, etc.);
Mark registrant rights (regulating adherence to mark use regulations, collecting mark management fees, suspending the mark use right of an individual who does not meet the mark use regulation's requirements, etc.);
Mark licensing, control, and inspection mechanisms;
Dispute resolution mechanisms.

Requirements on documents certifying the permission for registration and use of marks certifying geographical origins:

The local administrations' consent for the applicant to register a certification mark containing signs indicating a geographical origin (geographical name, symbol, or map of the area or locality) for goods and services bearing the mark must be enclosed with the application for a mark certifying a geographical origin, in addition to the mark use regulation and necessary documents evidencing the right of mark registration.
The National Office of Intellectual Property of Vietnam (NOIP) will ask the applicant to provide a geographical map clearly indicating the area or locality bearing the geographical origin indication of goods and services with the concerned local administration's certification if the area or locality bearing the geographical origin indication cannot be identified based on the administrative boundaries and the local administration's permission mentioned above.

4. Procedures for collective trademark registration

Step 1: Preparation:

- The Customer should select an unique trademark, said mark must not similar to those had come before it

- Choose from the list of registered products: In accordance with the guidelines above, choose from the list of products and services that bear the trademark. Sorting goods and services into groups based on the most recent revisions to the Nice International Classification of Trademarks.

- Run a trademark search in order to see if there any mark with a confusingly similar to other registered mark, well-known mark.

- Compile collective trademark registration dossiers in compliance with legal requirements. For complete assistance, please get in touch with Minh Khue Law Firm if you run into any problems creating a collective mark registration dossier.

Step 2: Submit registration form

Following a thorough investigation and a determination that the mark is registrable, the applicant will continue to file an application for registration. The National Office of Intellectual Property is one of the organizations in charge of accepting, processing, and collecting registration fees for dossiers. That is where the fees shall be submitted.

Step 3: The examination of the application

- Formality examination of the application

A trademark application's formality examination has a one-month deadline from the date of filing. The NOIP will take into account the application's form, label form, owner, filing right, subheading, and other factors while determining eligibility. if the requirements are met by the enterprise's application.

When a legitimate application is received, the NOIP will publish the application and issue a Notice of Acceptance. if the requirements are not met by the enterprise's application. The application will be marked as non-accepted by the NOIP, which will also ask the company to make changes. Any necessary modifications must be made by the owner of the application and the applicant's agent. Then, if the group is improperly classified, proceed to submit the updated official letter to the NOIP and pay an additional cost.

- Publication of trademark application

Two months from the date of notification of the acceptance of a valid application is the deadline for publishing a trademark application. A list of goods and services, trademark samples, and information regarding acceptable applications as indicated in the notice of acceptance of valid applications are all included in the application announcement.

- Substantive examination of the application

Time limit for substantive examination: 09 months from the date of application publication.

Since this is the most crucial phase, it also has the longest legal deadline. At this point, the industrial design submission is assessed for trademark law protection requirements. Potential reference, self-distinguishing capacity, ability to distinguish from reference, and distinguishing elements are some of these protection requirements. To achieve a very low mistake rate, this lookup is performed using the software of the Intellectual Property Office, which is renowned for its complexity. As a result, of all the phases in this procedure, this one requires the longest time to complete.