1. What is a trademark of pharmaceutical products and dietary supplements

A trademark is a type of intangible asset; however, different from other assets, a trademark does not go alone but must always be associated with one, several or many of the corresponding products and services. Therefore, trademarks are defined as signs used to distinguish goods and services of different organizations and individuals. The signs used as trademarks must be visible signs in the form of words, images or a combination of words and images, expressed in one or more colors.

Trademarks of pharmaceutical products and dietary supplements are trademarks used for a group of products that includes pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

This group mainly includes pharmaceuticals and other preparations for medical or veterinary purpose, especially includes the following products:

- Hygiene preparations for personal hygiene not for makeup;

- Deodorant not for humans or animals;

- Medicated shampoos, soaps, lotions and dentifrices;

- Dietary supplements to supplement normal food or for health benefits;

- Meal substitutes, nutritious foods and beverages are made in accordance with medical or veterinary use;

2. Why should you register a trademark of pharmaceutical products and dietary supplements

Companies, organizations or individuals who are owners of trademarks of pharmaceutical products and dietary supplements should conduct the procedure of registration for the trademark protection as soon as having the intention to commercialize the products on the market. Registering a trademark for your products will bring you many benefits, we can point out some significant benefits as below:

- As a legal basis for the determination of lawful owners of the trademarks of products that the companies are doing business when there is any competition with other competitors.

- Prevent competitors from copying or duplicating, and thus enhance your competitive position.

- Increase the ability of the consumers to distinguish the quality of products of your business with other business units.

- Preventing other entities from register your trademark as their exclusive intellectual property before you, then you are not allowed to widely use that trademark in your business.

- A well-known trademark if protected by exclusive rights will return profits to the trademark owner from the licensing or trading of that trademark.

- Create your own brand in the market.

Minh Khue Law Firm always encourages our clients to register their trademarks for their pharmaceutical products and dietary supplements in order to ensure the best advantages and legal rights of the trademark owner of pharmaceutical products and dietary supplements.

3. How to register a trademark of pharmaceutical products and dietary supplements

3.1. Requirements for a trademark to be registered for protection:

A trademark of pharmaceutical products and dietary supplements must meet the following requirement to be registered for the trademark protection:

- Signs used as trademarks must be a sign visible and indicated in forms of letters, words, images, drawings, including holograms or a combination of those elements, represented in one or many colors.

- The trademark must be able to distinguish with other trademarks of other entities.

3.2. Components of the dossier of registration of exclusive trademarks

A dossier of registration of a trademark shall include the following documents:

- 02 Trademark registration declarations;

- 05 photos or images of the Trademark Sample size 80x80mm and the list of goods carry the trademark;

- Power of attorney (if applying through a representative)

- Documents proving the right to register if the applicant receives the right to register from another person;

- Document proving the right of priority, if the request to enjoy the right of priority;

- Copies of fee and charge receipts (in case of paying fees and charges via postal services or directly transfer into accounts of the National Office of Intellectual Property).

- Certified copy of Business Registration Certificate

4. The process to register a trademark of pharmaceutical products and dietary supplements

4.1. Searching and preliminary evaluate the trademark

This is not a compulsory step in the process of register a trademark of pharmaceutical products and dietary supplements according to the current provision of intellectual property law. However, this is a very important step if you want to register for your trademark, mostly because of the following reasons:

- The search results will show whether the trademark, brand, or logo intended to be registered are identical or similar to other brands of the same product/service group.

- The search results also show that at the time of searching the trademark, whether the applicants infringes the intellectual property rights of the other trademark owners.

There are two ways to search a trademark: preliminary search or advanced search, specifically as follow:

- Preliminary search: Preliminary search usually takes only 30 minutes, a few hours or sometimes 1-3 days depending on the trademark, to get the result. This way of searching is fast and free, but it has a disadvantage is that the accuracy rate is not high because there are chances that a trademark has been applied for protection but has not been published on Digital Industrial Property Library so cannot be searched.

- Advanced search: Advanced search process normally takes from 3 days to 7 days, depending on the trademark and the group products. This method of searching may take a longer time but the accuracy rate will be higher (up to 98% or more). The trademark will be consulted by experienced professionals in registering trademark protection.

4.2. Filing the application stage

After finishing the searching of the trademark, companies, organizations or individuals who are trademark owners can file the application for trademark protection at the National Office of Intellectual Property (NOIP) or its representative offices at Danang city and Hochiminh. The trademark owner can also submit the application through a legal industrial property representative like Minh Khue Law Firm, we will help the client to file the application directly at the NOIP.

4.3. Examination of the form of the trademark registration application

The NOIP will determine whether the application is eligible in form, label, application owner, filing right, grouping, etc. If the application of the applicant meets the conditions, the NOIP shall notify the acceptance of a valid application and publish the application. If the application of the does not meet the conditions, the NOIP will issue a Notice of disapproval of the application and request the applicants to amend or provide more documents. The applicant makes amendments as required and submit revised documents to the National Office of Intellectual Property.

This step usually takes from 1 month to 2 months from the date of submission.

4.4. Publishing the trademark information in the Industrial Property Gazette

Within 02 months from the valid confirmation date, the NOIP will publish the trademark registration information in the Industrial Property Gazette, the information includes the trademark and the list of products that the trademark attached to.

4.5. Examination of the content of the trademark registration application

This step of evaluating the content of the trademark registration application will take about 9 months to 12 months and it usually is considered to be the longest period in the process of trademark registration. During this stage, the NOIP will determine whether the trademark is similar or confusing to well-known trademarks or with other protected trademarks. Are all the requirements to protect the trademark are satisfied? If the application for trademark registration meets all the conditions, the NOIP shall issue a Notice of Intention to grant a certificate to the trademark.

If the application for trademark registration does not meet the conditions, the NOIP shall issue a Notice not granting a certificate to the trademark. The applicant considers and sends written response to complain against the decision of the National Office of Property, and at the same time provides grounds for granting a certificate of trademark protection for the trademark.

4.6. Issuance of the Trademark Registration Certificate

After receiving the Notice of the NOIP, the applicant will pay the fee for granting the Trademark Registration Certificate. The waiting time to be granted a protection title could be from 10 days to 2 months from the date the fee and charges are paid fully and timely.

5. Where to register a trademark of pharmaceutical products and dietary supplements

Foreign companies, organizations or individuals who are the trademark owners of pharmaceutical products and dietary supplements can only register a product trademark in Vietnam through a legal industrial property representation organizations according to the current provisions of Vietnamese intellectual property law.

Minh Khue Law Firm is currently a legal industrial property representation organization which was registered and licensed by the NOIP in August 2017, with the representative code is 226. Minh Khue Law Firm has provided the service of registration of trademark protection in Vietnam for many domestic as well as foreign companies, organizations and individuals in Vietnam.

Any companies, organizations or individuals who want to register an exclusive trademark for pharmaceutical products and dietary supplements in Vietnam can come to Minh Khue Law Firm for advice and guidance on implementing procedures.
The procedure of trademark registration is carried out by Intellectual Property Department of Minh Khue Law Firm, address at 2nd Floor, FaFim Building, 19 Nguyen Trai, Khuong Trung Ward, Thanh Xuan 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: + 84 986 386 648

The dossier is filed 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 of pharmaceutical products and dietary supplements that were registered by Minh Khue Law Firm:

How to register a trademark protection for pharmaceutical products and dietary supplements in Vietnam?

LUU GIA PHARMACY Trademarks

Class 05: antibiotics; antioxidant tablets; medicine; tonics [medicines, pharmaceuticals]; medicine for humans; analgesic.

6. Contact to register a trademark of pharmaceutical products and dietary supplements

Please contact: Minh Khue Law Company Limited

Address: 2nd Floor, FaFim Building, No. 19 Nguyen Trai, Khuong Trung Ward, Thanh Xuan District, Hanoi City

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