1. What are trademarks of raw agriculture products?

Trademarks of raw agriculture products are special marks in the forms of words, letters, drawing or diagrams that used to help customers to distinguish raw agriculture products of one company, organization or individual from products of other companies, organizations or individuals in the market. The marks used as trademarks can be expressed in one color or many colors.

In order to be registered, trademarks of products or service shall be classified into appropriate Class according to the Nice Classification. Trademarks of raw agriculture products are classified into Class 31 which mainly includes land and sea products not having been subjected to any form of preparation for consumption, live animals and plants as well as foodstuffs for animals; in particular:

- Unprocessed cereals;

- Waste of plants;

- Unprocessed algae;

- Unsawn timber;

- Breeding eggs for hatching;

- Fresh mushrooms and truffles;

- Animal litter, such as scented sand, sandpaper for domestic pets.

Class 31 particularly excludes certain products as below:

- Microorganisms and leeches for medical use;

- Dietary supplements for animals and animal feed containing medicines;

- Semi-finished wood;

- Artificial bait.

- Rice;

- Tobacco.

2. Why should you register trademarks of raw agriculture products in Vietnam?

Agriculture is the advantage of Vietnam in the global market, Vietnam has many agriculture products with very high quality but companies, organizations and individuals who doing business in this market have not paid adequate attention at building brands for Vietnamese agriculture products. In order to affirm and protect the position of Vietnamese agriculture products in the market, companies, organizations and individuals should understand the importance of trademark and carry out the procedure of trademark registration as soon as possible.

We can point out here some outstanding benefits of trademark registration as below:

- The registered trademark will be protected by the law and the authority. The trademark registration will establish the legal basis for competent state agencies handle the violations of other companies, organizations or individuals when using or copying the trademark without the consent of the trademark owner. If the trademark is registered internationally, it will also be protected internationally.

- Enhance the brand identity of the products, a registered trademark will help customers recognize your products easier and differentiate the product other products in the market.

- After the trademark is registered in Vietnam, other companies, organizations and individuals will not be allowed registering a trademark which is similar or identical to your registered trademark of raw agriculture products.

- After being used a certain period in the market, the trademark can become famous and it can bring more profit for trademark owner from licensing or transferring the registered trademarks.

3. How to register trademarks of raw agriculture products in Vietnam?

A trademark registration dossier for raw agriculture products contains the papers and documents as below:

- Application form for a certificate of trademark registration according to form No. 04-NH (02 copies) attach the list of goods accompanied by the trademark;

- Trademark sample (09 samples, each not exceed 80x80mm);

- Certified copy of business registration certificate, agreement contract, confirmation letter, consent letter, decision or establishment license, organization charter to prove the right to register;

- Copies of receipts for payment of charges and fees (if any);

- Power of attorney (if any);

4. Procedures of trademark registration for raw agriculture products in Vietnam

A process of trademark registration for raw agriculture products shall have the steps as below:

First step: Trademark Search

The trademark should be searched before submitted to evaluate the possibility of success registration. There are two methods to search a trademark:

- Basic search: The trademark can be searched in the digital database of industrial property with the searching time is from 1 day to 3 days. With this method, the searching result may be received fast but the accuracy rate is often low (about 60%).

- In-deep search: Is using this method, the trademark of raw agriculture products will be searched and counseled by intellectual property experts. Therefore, the searching time is normally longer (from 3 days to 7 days) but the searching result will have a high accuracy rate (about 90%).

Second step: Application submission

The trademark registration application for raw agriculture products can be submitted to the National Office of Intellectual Property (NOIP) in Hanoi city or its two representative offices if you are in Da Nang city or Ho Chi Minh city. In addition, you can also submit the trademark registration application indirectly via post by post offices or couriers.

Third step: Appraisal of the form of the application

The competent state agencies will examine the application in terms of requirements of the form such as the subject of exclusion, the right to apply,... in order to make a decision on whether the trademark application is invalid or valid. The examining time of this step is from 1 month to 02 months since the date of application submission.

Fourth step: Publication of the trademark application

Within 2 months from the date of the decision of valid application, the application will be published on the Industrial Property Gazette with information such as the trademark sample, the lists of products accompanied by the trademark, the Class of goods and services, information of the owner, and applicant.

Fifth step: Appraisal of the content of the application

In this step, the competent state agency will examine the content of the trademark to determine whether to trademark is similar or cause confusion with a registered trademark. The examining time of this step is from 9 months to 12 months since the date of application publication.

Sixth step: Certificate issuance

Within 01 month since the date the competent state agency receive state fees and charges fully and properly paid by the applicant, a Trademark Registration Certificate will be issued for the trademark owner.

5. Where to register trademarks of raw agriculture products in Vietnam?

According to the provisions intellectual property law of Vietnam, foreign entities can only register a trademark in Vietnam through an industrial property representative organization. Minh Khue Law Firm is one of the most reputable industrial property representative organizations in Vietnam which was licensed since August 2017 by the authority. Our representative code is 226.

Minh Khue Law Firm has helped many foreign as well as domestic companies, organizations and individuals to register trademarks in Vietnam.

All 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 of raw agriculture products that were registered by Minh Khue Law Firm:

Register trademarks of raw agriculture products in Vietnam?

TIDAPHA Trademark

Class 31: Algae for human and animal consumption; food for animals; bran; untreated cereal seeds; food for cattle; biscuits for dogs; food for birds; rapeseed pulp for cattle, rapeseed meal for cattle; alcohol residues for animal food, distillate products for animal food; livestock seedlings and domestic animals for breed supply; animal fattening preparations; rice flour used as animal feed; energy-boosting food for animals; fodder; seeds for animal food; yeast for animal food; bran to increase animal weight; live poultry; dried peanut oil for animals, dried peanut oil for animals; waste of cereals for animal consumption; food for domestic pets; chewing food for animals; Fish meal made animal food.

6. Contact to register trademarks of raw agriculture products 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