Register a trademark for wine and alcoholic beverages in Vietnam?

1. What is a trademark for wine and alcoholic beverages?

A trademark for wine and alcoholic beverages is a unique sign which is used to discriminate wine and alcoholic beverages of one company from wine and alcoholic beverages of other companies in the market. A trademark can be expressed in the form of words, letters, diagrams or images and expressed in one or several colors.

A trademark for wine and alcoholic beverages is classified into Class 33 according to the Nice Classification. Class 33 mostly covers alcoholic beverages, essences and extracts; in particular:

- Wines, fortified wines;

- Alcoholic cider, perry;

- Spirits, liqueurs;

- Alcoholic essences, alcoholic fruit extracts, bitters.

Class 33 does not include particular products as below:

- Medicinal beverages;

- Alcohol-reducing beverages.

2. Why should a company register a trademark for wine and alcoholic beverages in Vietnam?

Nowadays, Vietnam has become one of the countries that has high alcoholic beverage consumption rate in the Asia as well as in the world. Therefore, the market of wine and alcoholic beverages in Vietnam is very big and potential. Accompany with this, competition between domestic and foreign beverage brands is very intense. In order to affirm and protect the trademark for wine and alcoholic beverages of your company, the registration of a trademark is the most urgent job. Customers will never choose to use a product that does not have a clear origin and brand.

Besides, registering a trademark will prevent other companies, organizations or individuals from using your trademark of wine and alcoholic beverages competitors or registering a same or similar trademark. The registration of the trademark will also be the legal basis for competent state agencies to handle violation of other entities in the market.

Moreover, your company can earn extra revenues from providing license or selling your registered trademark as a company’s asset.

3. How to register exclusive trademarks for wine and alcoholic beverages in Vietnam?

A trademark registration application for wine and alcoholic beverages shall comprise the following documents:

- 02 copies of Trademark Registration Declaration according to the prescribed form (Form No. 04-NH);

- 08 copies of Trademark samples;

- List products and services accompanied by the trademark;

- Letter of authority (if any);

- Receipts of payment of fees and charges;

4. Process of exclusive trademarks registration for wine and alcoholic beverages in Vietnam

A normal process of trademark registration for wine and alcoholic beverages include procedures as below:

Stage 1: Search the trademark

There are two ways to conduct a trademark search:

- Preliminary search: In this way, the trademark will be searched in the online library of industrial property. Although the processing time is short (from 1 day to 3 days), the accuracy rate of the result is quite low (about 60%).

- Advanced search: In this way, the trademark for wine and alcoholic beverages will be searched by intellectual property specialists. The processing time of advanced search is from 3 days to 7 days but the accuracy rate of the result is usually high (about 90%).

Stage 2: Submit the application

Normally, applicant can file the trademark application for wine and alcoholic beverages to the National Office of Intellectual Property (NOIP) directly in Ha Noi city. Besides, applicant can file the application to the two representative offices of NOIP in Da Nang city or Ho Chi Minh city or via post office or couriers if you do not live in the above cities.

Stage 3: Appraisal of the formal requirements of the application

This stage normally takes about 1 month to 02 months from the submission date.

During this period of time, the competent state authorities will appraise of the formal requirements of your trademark application in terms of the subject of exclusion, the right to apply ... in order to determine whether your application is invalid or valid.

Stage 4: Publication of the trademark application

A valid trademark registration application will be published on the Industrial Property Gazette within 2 months from the date of valid decision. The information of the trademark application published will include the trademark sample, the information of the owner, applicant and lists of products attached by your trademark.

Stage 5: Appraisal of the content of application

The appraisal of the content of application will take from 9 months to 12 months from the date the trademark application was published.

During this period of time, your trademark application will be assessed by the authorities to determine whether there is a trademark that similar or identical with your trademark. This is a very important stage and is the basis for the evaluation of the possibility of granting a Trademark Registration Certification.

Stage 6: Issuance of Trademark Registration Certificate

The competent state agencies will grant a trademark protection title within 01 month from the date you pay all the prescribed fees and charges fully and properly.

5. Where to register exclusive trademarks for wine and alcoholic beverages in Vietnam?

If you are an foreign company that want to register a trademark for wine and alcoholic beverages in Vietnam, you will have to through a legal industrial property representative like Minh Khue Law Firm. Minh Khue Law Firm has register trademarks for many foreign as well as domestic companies in Vietnam for wine and alcoholic beverages in Vietnam.

We were licensed as an industrial property representative organization by the authorities since August 2017, our representative code is 226.

The procedure of trademark registration will be carried out by our Intellectual Property Department. Our office address is at Room 2007, C2 building, Vincom Tran Duy Hung, Trung Hoa ward, Cau Giay district, Ha Noi city.

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 wine and alcoholic beverages that were registered by Minh Khue Law Firm:

TAVACCAT Trademark

Class 33: Wine rice; alcoholic drinks [except beer]; distilled drinks; alcoholic fruit drinks; bitter wine; Fruit extract (alcoholic).

6. Contact to register exclusive trademarks for wine and alcoholic beverages in Vietnam

Please contact: Minh Khue Law Company Limited

Address: Room 2007, C2 building, Vincom Tran Duy Hung, Trung Hoa ward, Cau Giay district, Ha Noi city.

Phone number: + 84986 386 648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited