1. What is an exclusive trademark for food and drink services and temporary accommodation services

An exclusive trademark of services for providing food and drink and temporary accommodation is a visible sign to distinguish the services of one company, organization or individual from services of other companies, organizations or individuals. The sign used as an exclusive trademark shall contain letters, statements, images, illustrations or a combination of those factors and indicated in one or more colors.

In this article, we will introduce the procedure to register an exclusive trademark in Vietnam for a group of services for providing food, drink and temporary accommodation. This group of services is classified into Class 43 according to the current version of Nice Classification established by the Nice Agreement. Class 43 includes mainly services provided by people or establishments with the purpose of preparing food and drink for consumption and services provided to obtain accommodation in hotels, inns or other facilities provide temporary accommodation. This Class of service also includes booking services for tourists, particularly through travel agencies or travel brokers; accommodation for animals; except for the following services:

- Real estate rental services such as houses, apartments, etc., for permanent use;

- Service for arranging travel tour provided by tourist agencies;

- Services for preservation for food and beverage;

- Disco service;

- Boarding school;

- Rest and nursing homes;

2. Why should you register an exclusive trademark for services of providing food and drink and temporary accommodation

The industry of food and drink services and temporary accommodation service is one of the most competitive markets. There are countless new and established companies operating in this filed, therefore, companies always have to find a way to make the company become recognizable in the market. One of the most effective ways is to register an exclusive trademark for the services that the company is providing. Many companies operating in the industry of services for providing food and drink and temporary accommodation have carried out this procedure and received its benefits. We can point out some outstanding benefits of exclusive trademark registration as below:

- The first benefit of exclusive trademark registration is that your trademark will be protected by the law, helping you to assert your ownership of the products and services. When there is an object violates the intellectual property rights of the company, you have the right to sue to be protected by the law.

- Easy to promote the company's brand: In promotion and marketing campaigns, an licensed exclusive trademark will help companies and individuals easily build up the trust of the customer in the brand as well as product quality of the company. It also helps bring your brand closer to customers.

- Avoid the possibility of confusion: When you have registered an exclusive trademark, any trademark that is identical or similar to your trademark later want to be registered will be rejected by the Intellectual Property Law. Other entities also are not allowed to copy or using a similar trademark to cause confusion with your registered exclusive trademark. So logos, business names, slogans, and trademarks are ways to help your business create an impression and a highlight of your services to customers.

Therefore, Minh Khue Law Firm always encourages our clients to register the exclusive trademark for services of providing food and drink and temporary accommodation as soon as possible to reduce the potential risk and receive benefits from this procedure.

3. How to register an exclusive trademark for services of providing food and drink and temporary accommodation

3.1. General conditions for an exclusive trademark

According to the provision of Intellectual Property Law of Vietnam, an exclusive trademark shall meet the following conditions to be applied for the Trademark Registration Certificate:

Firstly, an exclusive trademark must be a sign contains letters, terms, illustrations, images, including holograms or combinations of such elements. The sign must be visible and expressed in one or many colors;
Secondly, an exclusive trademark must discriminate the services of one company or individual from the services of other entities.

3.2. Dossier of an exclusive trademark registration

A dossier of exclusive trademark registration should include documents as below:

+ 02 copies of Declaration to register an exclusive trademark in accordance with the form issued by the competent state agencies;

+ 05 copies of trademark sample size 80 x 80 mm;

+ Papers certifying the legal right of the applicant to submit the application in case the applicant receives the rights from another person (Certificate of inheritance, Certification or Agreement on transferring the right to file the application, including the filed application, Contract of assignment or Labor contract, ...);

+ Power of attorney (if applying through a representative);

+ Receipts of payment of the application fee.

+ Copy of the first application or exhibition certificate, if the application requires a priority right under an international treaty, including a Vietnamese translation.

3.3. Requirements of the application

The dossier must satisfy the following requirements:

- Each dossier is only for issuance of one trademark registration certificate;

- All the components in the dossier must be made in Vietnamese. If a document is made in other languages, it must be translated into Vietnamese;

- All papers in the dossier shall be presented in the vertical direction on an A4-sized paper; except the separate drawings, images or tables can be presented in the horizontal direction;

- All the documents must be in the prescribed form and all the required information in the forms must be filled appropriately;

- If a document has more than one page, each page must include the page number in Arabic numerals;

- The application shall only use common words (not using dialects, rare words, self-created words). Other symbols, measurement units, electronic fonts, spelling rules used in applications must be in accordance with Vietnamese standards;

4. Processing time for registration of an exclusive trademark for services of providing food and drink and temporary accommodation

The process of registration of an exclusive trademark for services of providing food and drink and temporary accommodation includes stages as below:

Stage 1: Prepare the trademark

In this stage, you will design and create the trademark base on your ideas, intentions and requirements. The duration of this process depends entirely on you and your trademark. If you already have a trademark, you can skip this stage and move on the next stage of the process.

Stage 2: Searching the trademark

In order to identify the possibility of trademark registration prior to filing an application, we need to conduct a trademark search procedure for the purpose of checking whether the registered trademark is identical or confusingly similar to another trademark. Was the application previously submitted? From there will decide whether to apply for registration or not?

We should also note that according to the provisions of the Intellectual Property Law, conducting trademark search procedures is not mandatory but it is very important to assess the possibility of registering a trademark.

The trademark search procedure can be done in 02 methods:

- The trademark owner or representative will conduct a preliminary search on the database of the National Office of Intellectual Property. This method of trademark search takes from a few hours to 3 days. The preliminary search is fast and free but it has a disadvantage of low accuracy rate (only about 60%) and there are the cases that the application of exclusive trademark registration is rejected because of duplication.

- The trademark owner or representative will conduct an official search at the National Office of Intellectual Property through an expert in the field of intellectual property. This method of search will provide a result with higher accuracy rate (up to 98%) though the processing time may be longer (from 3 days to 7 days). Therefore, in order to ensure the success of registration of trademarks, it is necessary to choose the form of official search.

Stage 3: Submit the application

The National Office of Intellectual Property (NOIP) is the only competent state agency in Vietnam to issue the Trademark Registration Certificate. However, the application can be submitted directly to the NOIP or through one of two representative offices of NOIP in Da Nang and Ho Chi Minh city. This procedure takes only one morning or afternoon to finish.

You can also submit the application by the post via post office or delivery service. The submission time, in this case, depends on your location and the delivery time of post office.

Stage 4: Application Form Examination and publication in the Industrial Property Gazette

This stage takes from 01 month to 02 months since the submission date.

In this stage, the NOIP will examine the application in terms of formal requirements and decide whether the trademark registration application is valid or invalid. If the application is valid, the NOIP will issue a decision of valid application.

After having a decision to accept a valid application, within 2 months from the date of issuance of the Decision on acceptance of the valid application, the application shall be published in the Industrial Property Gazette and transferred to the content evaluation stage.

Stage 5: Application Content Examination

This stage takes about from 9 months to 12 months and is considered the longest period in the whole process.

The purpose of this stage is to consider whether the trademark applied meets the protection criteria set by law.

- If the trademark meets the protection criteria, the NOIP will issue a Certificate of Trademark Registration to the Applicant;

- If the trademark does not meet the protection criteria, the NOIP will issue a notice of the content examination result (rejected) and the Applicant has 2 months to respond to this Notice.

Stage 6: Pay the fees and receive the Trademark Registration Certificate

If the application meets the protection criteria, the NOIP will issue a Notice of Certificate Issuance and the applicant is obliged to pay the licensing fee within a month from the date of notification. Trademark Registration Certificates will be issued to applicants within 1-2 months from the date of payment of the licensing fee.

5. Where to register an exclusive trademark for services of providing food and drink and temporary accommodation

Because foreign company or individual can only register a trademark in Vietnam through an industrial property representative according to the current provisions of intellectual property law, many foreign companies and individual has come to Minh Khue Law Firm to carry out this procedure. Minh Khue Law Firm is a high-quality and reputable legal industrial property representative in Vietnam, we were certified by the NOIP in August 2017 of Vietnam to carry all the procedure of registration of trademarks in Vietnam for domestic as well as foreign companies and individuals. The representative code of Minh Khue Law Firm is 226.

Foreign companies and individuals can directly contact Minh Khue Law Firm for consultancy on the process and procedures of registration of trademarks for services of providing food and drink and temporary accommodation in Vietnam.
The Intellectual Property Department of Minh Khue Law Firm will counsel and carry out all the procedure for you, address at 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 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 for services of providing food and drink and temporary accommodation that were registered by Minh Khue Law Firm:

Register exclusive trademarks of food and drink services and temporary accommodation services in Vietnam?

ROSA ALBA RESORT Trademark

Class 43: Hotel services; temporary accommodation services [hotels, hostels]; hotel services next to the street for guests with cars; temporary rental accommodation; tourist motel services; Hotel reservations.

6. Contact to register an exclusive trademark for services of providing food and drink and temporary accommodation

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