1. What is a trademark of cosmetics and cleaning preparations?

A trademark of cosmetics and cleaning preparations is a sign that is visible and attached to the products of cosmetics and cleaning preparations in order to distinguish products of this company from the cosmetics and cleaning preparations of other companies in the market. The trademark can be expressed in the form of letters, words, imagines, drawings or a combination of those elements and presented in one color or many colors.

In this article, we would like to provide consultancy on the procedures of registering a trademark for cosmetics and cleaning preparations in Class 3 according to the newest version of the Nice Classification established by the Nice Agreement. This class mainly covers non-medicated toiletry preparations, as well as cleaning preparations for use in the home and other environments, such as non-medicated cosmetics and toiletry preparations; non-medicated toothpaste; perfume, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations. In particular, this class of products of the Nice Classification includes the following products:

- sanitary preparations being toiletries;

- tissues impregnated with cosmetic lotions;

- deodorants for human beings or for animals;

- room fragrancing preparations;

This group of products does not include particular products as below:

- ingredients for use in the manufacture of cosmetics, for example, vitamins, preservatives and antioxidants;

- degreasing preparations for use in manufacturing processes;

- chemical chimney cleaners;

- deodorants that used for subjects other than human or animals;

- shampoos, soaps, lotions and dentifrices for medical purpose;

- emery boards, emery files, sharpening stones and grindstones (hand tools);

- cosmetic and cleaning instruments, for example, make-up brushes, cloths, pads and rags for cleaning.

2. Why should your company register a trademark for cosmetics and cleaning preparations in Vietnam?

The market for cosmetics and cleaning preparations is one of the developing markets in Vietnam in specific and in the world in general. In a developing market like that, companies need to find ways to build a famous brand for their cosmetics products in order to survive and be successful. Among different ways, registering a trademark is a very effective way to build a brand but many companies still have not paid enough attention to this method. Registering a trademark for cosmetics and cleaning preparations can bring the following outstanding benefits for the trademark owners:

- Trademark registration is the legal basis to build a brand and protect your products from being copied or duplicated by other competitors in the market. A Trademark Registration Certificate will be the legal basis to identify the legal owner of a trademark in a resolution of a dispute relating to the use of the trademark.

- A registered trademark will create more trust for your customers, it also increases the ability of customers to distinguish your cosmetics and cleaning preparations from products of other companies in the market.

- After registering and using a trademark in a certain period of time, a trademark can become a famous trademark and it can bring profit to your company from the licensing or transferring the trademark as a property.

Because of the above-mentioned advantages, Minh Khue Law Firm always encourages clients to register a trademark for cosmetics and cleaning preparations as soon as possible. It is a cheap and easy method to carry out but it can bring huge advantages for companies.

3. How to prepare the application of trademark registration for cosmetics and cleaning preparations?

You should prepare the following documents to register a trademark for your products in Vietnam:

- Trademark registration application form according to the provisions of law;

- Trademark Samples (size 80mm x 80mm);

- List of the group of products that attach the trademark;

- Power of atorney (if any);

- Certified Copy of Business Registration Certificate, or Identity Card, Citizen Card, Passport of the trademark owner;

- Payment receipts of fee and charge (in case the owner pays the fees and charges via postal services or directly transfer into accounts of the competent state agency).

In case you register your trademark through Minh Khue Law Firm, we will prepare all the documents for you.

4. Process of trademark registration for cosmetics and cleaning preparations in Vietnam

Step 1: Search the trademark to identify duplications

There are two ways to conduct a trademark search: Preliminary trademark search and Advanced trademark search.

- The Preliminary search is fast and free, the trademark owner can search for the trademark in the Digital library of Industrial Property. However, the accuracy rate of the result is quite low.

- The Advanced search may take a longer time to be done (3 days to 7 days) but this method of search will bring a higher accuracy rate, thus increase the chance of valid application.

Step 2: Submit the trademark registration application

The trademark registration application can be submitted directly at the National Offical of Intellectual Property or its representative offices in Da Nang city and Ho Chi Minh city. The application can also be submitted via post through post offices or couriers.

Step 3: The appraisal of trademark application form

After receiving the trademark application, the National Office of Intellectual Property will appraise the application in terms of formal requirements in accordance with the provisions of law. This step takes about 1 month to 2 months since the date of receiving the application. If the application meets all the requirements, the competent state agency will issue a notice of acceptance of a valid application.

Step 4: Publication of the trademark

The trademark information will be published in the Industrial Property Gazette with 02 months from the date of issuance of the notice of acceptance of a valid application.

Step 5: The appraisal of the content of the trademark application

This step normally takes from 9 months to 12 months from the date of the trademark publication. In this stage, the National Office of Intellectual Property will appraise the content of the trademark registration application in order to determine whether your trademark cause confusion with registered trademarks that have been protected before. This is an important step in order to issue a Trademark Registration Certificate.

Step 6: Issuance of the Trademark Registration Certificate

The applicant will have to pay the issuance fee for a Trademark Registration Certificate. The protection title normally is issued within 01 month from the date all the fees are paid fully and properly.

5. Where to register a trademark for cosmetics and cleaning preparations in Vietnam?

Foreign companies can contact and come directly to Minh Khue Law Firm to consult and register a trademark for cosmetics and cleaning preparations in Vietnam. Minh Khue Law Firm is an industrial property representative that was licensed by the National Office of Intellectual Property in August 2017, with the representative code is 226.
The procedure will be carried out by our Intellectual Property Department, at the address Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.

The person in charge of the Intellectual Property Department of Minh Khue Law Firm:

Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn ;

Phone number: + 84986 386 648

The dossier will be submitted in: National Office of Intellectual Property of Vietnam, address at: 384-386 Nguyen Trai street, Thanh Xuan Trung ward, Thanh Xuan district, Hanoi.

You can refer to some trademarks for cosmetics and cleaning preparations that were registered by Minh Khue Law Firm:

Register a trademark for cosmetics and cleaning preparations in Vietnam?

TRUONG ANH Trademark

Class 03: Cosmetic creams; whitening cream; astringent for cosmetic purposes; beauty mask; cosmetic preparations for skin care; tanning preparations [cosmetics].

Register a trademark for cosmetics and cleaning preparations in Vietnam?

ináf Trademark

Class 3: Cosmetics

Register a trademark for cosmetics and cleaning preparations in Vietnam?

SHALOM Trademark

Class 03: cosmetics; shampoo; makeup products; perfume; aromatherapy [essential oil]; Beauty mask.

6. Contact to register a trademark for cosmetics and cleaning preparations in Vietnam

Please contact: Minh Khue Law Company Limited

Address: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.

Phone number: + 84 986 386 648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited