Register trademarks of chemical products for industry, science and agriculture in Vietnam?

1. What are trademarks of chemical products for industry, science and agriculture?

Trademarks of chemical products for industry, science and agriculture are special marks help customers to differentiate between chemical products for industry, science and agriculture of your company and other products in the market. The marks used as trademarks can be presented in the forms of words, slogans, imagines, diagrams or illustrations; made in one or some colors.

Trademarks of chemical products for industry, science and agriculture are categorized into Class 01 in accordance with the Nice Classification. Class 01 mainly includes chemical products used in industry, science and agriculture, including chemical products used to make products of other Class (of Nice Classification); in particular:

- Compost;

- Sensitized paper;

- Salt used for preservation, not for food;

- Specific additives for the food industry;

- Certain ingredients for use in the manufacture of cosmetics and pharmaceuticals;

Class 01 particularly excludes the following products:

- Raw natural plastics;

- Chemical products used for medical purpose;

- Fungicides, herbicides and harmful animal killers;

- Adhesive for office or home use;

- Salt for preserving food;

- Straw coating;

2. Why should you register trademarks of chemical products for industry, science and agriculture?

Manufacturing and selling chemical products for industry, science and agriculture is a very huge market. The demand of chemical products is always high and continuously increases over years. Therefore, companies in this market always have to find the ways to be stand out from other companies as well as protect their position in the market. In order to do so, one of the most effective ways is to register the trademarks of chemical products for industry, science and agriculture.

Minh Khue Law Firm always encourages clients to register their trademarks as soon as possible to enjoy and secure the huge advantages of this procedure as below:

- To be protected by the law and the authority. According to the current intellectual property law, it is not compulsory to register a trademark for products of services in the market. However, your trademark is only protected from being copied or used illegally if it has been registered with the competent state agency.

- Customers will be able to recognize your products and distinguish them from thousands of other products in the market. Increasing the product identification will lead to the increase of revenue for the company.

- Prevent your competitors registering a trademark that is similar or identical to your registered trademark of chemical products for industry, science and agriculture.

- Bring exta revenue for companies from licensing or transferring the registered trademarks if the trademarks become famous after being used a certain period of time.

3. How to register trademarks of chemical products for industry, science and agriculture in Vietnam?

The trademark registration dossier for chemical products for industry, science and agriculture usually comprises the papers and documents as below:

- Declaration requesting a certificate of trademark registration (in which there must be a list of goods and services bearing the trademark), made according to form No. 04-NH (02 copies);

- Trademark form (09 samples attached, in addition to a sample attached to the declaration);

- Document proving the right to register (business registration certificate, agreement contract, confirmation letter, consent letter, decision or establishment license, organization charter) (01 copy);

- Copies of receipts for payment of charges and fees (in case of paying charges and fees via postal services or directly remit into accounts of the National Office of Intellectual Property).;

- Power of attorney (01 copy);

4. Procedures of trademark registration for chemical products for industry, science and agriculture in Vietnam

The trademark registration for chemical products for industry, science and agriculture shall go through the following procedures to be granted a certificate:

Firstly, the trademark will be searched before being submitted.

The trademark can be searched in two ways:

- Basic search: The trademark will be searched preliminarily with the searching time is normally short (from 1 day to 3 days). The searching result of this way of search often has a low accuracy rate (about 60%).

- In-deep search: The trademark will be searched by experts in the field of intellectual property. The experts will also provide basic consultancy on the ability to register successfully of the trademark. The processing time from 3 days to 7 days and the searching result usually has a high accuracy rate (about 90%).

Secondly, applicant shall submit the trademark application to the competent state agency. The trademark registration application for chemical products can be filed directly to the National Office of Intellectual Property (NOIP) in Hanoi city or to one of the two representative offices of NOIP in Da Nang city or Ho Chi Minh city. In addition, the trademark registration application can also be filed indirectly via post if you are not in the above cities.

Thirdly, the NOIP will assess the application in terms of formal requirement. The processing time of this procedure is from 1 month to 02 months since the date of application submission. During this period, the NOIP will evaluate whether your trademark application satisfy all formal requirements such as the subject of exclusion, the right to apply ... and make a decision on whether the trademark application is invalid or valid.

Fourthly, the application will be published on the Industrial Property Gazette within 2 months from the date of the decision. The published information shall contain the trademark sample, the lists of products accompanied by the trademark, the Class of goods and services, information of the owner, and applicant.

Fifthly, the NOIP will assess the content of the trademark application. The processing time of the content assessment is from 9 months to 12 months since the date of application publication. During this period, the NOIP will evaluate if your trademark application is similar or identical to a registered trademark. If not, your trademark will be granted a protection title.

Finally, within about 01 month after the applicant pay all the state fees and charges fully and properly, the NOIP will issue the Trademark Registration Certificate.

5. Where to register trademarks of chemical products for industry, science and agriculture in Vietnam?

In accordance with the Vietnamese intellectual property law, foreign entities cannot register a trademark in Vietnam by themselves but have to apply through an industrial property representative organization. Minh Khue Law Firm proud to be one of the most reputable industrial property representative organizations in Vietnam, we were licensed since August 2017, with the representative code is 226. Many foreign as well as domestic companies, organizations and individuals have come to Minh Khue Law Firm to register their trademarks of chemical products for industry, science and agriculture in Vietnam.

Your trademark will be registered 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 exclusive trademarks for chemical products for industry, science and agriculture that were registered by Minh Khue Law Firm:

Arimin Trademark

Class 01: Fertilizer; fertilizer preparations; probiotics are not intended for medical or veterinary purposes; soil improvement chemicals; agricultural chemicals, except fungicides, herbicides, pesticides and parasiticides; chemicals used in forestry, except fungicides, herbicides, pesticides and parasiticides.

6. Contact to register trademarks of chemical products for industry, science and agriculture 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