Signs are signs used to distinguish goods and services of different organizations and individuals. Based on the nature of the trademark, it is possible to classify the trademark into: ordinary trademark, collective trademark, certification mark, associated trademark andfamous trademark. In particular, certification marks are a type of trademark that has increasingly appeared in commercial practice in recent times.
According to Clause 18, Article 4 of the Law on Intellectual Property, a certified mark is a trademark that the trademark owner allows other organizations and individuals to use on goods and services of such organizations or individuals to certify the characteristics of origin, materials, materials, ways of productionof goods, manner of serviceprovision, quality, accuracy, safety or other characteristics of branded goods and services.
As of August 2021, a total of 497 certification marks have been issued in Vietnam. The list is published on thewebsite of the Department of Intellectual Property: https://www.ipvietnam.gov.vn
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Trademark owner: People's Committee of South East District, Thua Thien Hue Province. Equal number: 4-0393105 Date: 19/07/2021 |
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Trademark owner: Krong Ana District People's Committee, Dak Lak Province. Equal number: 4-0331762 Date: 01/10/2019 |
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Trademark owner: Tanh Linh district extension station. Equal number: 4-0281139 Date: 09/05/2017 |
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Trademark owner: Department of Agriculture and Rural Development of Statement, Soc Trang Province Equal number: 4-0390261 Date: 22/06/2021 |
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Owner of the trademark: Can Gio District People's Committee, Ho Chi Minh City Equal number: 4-0321446 Issue date: 03/06/2019 |
According to the Provisions of the Law on Intellectual Property, in order to register protection for the certification mark, in addition to the usual documents required, in the application of compulsoryregistration, there is a Regulation on the use of certified trademarks.
According to Clause 5, Article 105 of the Law on Intellectual Property, the Regulation on the use of certification marks must contain the following main contents:
- Organizations and individuals are trademark owners;
- Conditions for use ofther symbol;
- The characteristics of goods and services certified by the mark;
- Methods for assessing the characteristics of goods and services and methods of controlling the use of trademarks;
- The cost that the trademark user must pay for the certification, the trademark protection, if any.
In addition, according to subsection 37.6 of the Circular No. 01/2007/TT-BKHCN dated February 14, 2007 of the Ministry of Science and Technology (amended, supplemented by Circular No. 13/2010/TT-BKHCN, 18/2011/TT-BKHCN, 05/2013/TT-BKHCN, 16/2016/TT-BKHCN) the Regulation on the use of certification marks must clarify the following issues:
- Brief information about trademarks, owners of trademarks, trademarks and services;
- Conditions for trademark registration to license the use of the trademark and conditions for termination of the right to use the trademark;
- Obligations of trademark users (ensuring the quality and specific nature of trademarked goods and services, subject to the control of trademark registrars, paying trademark management fees...);
- Rights of trademark registrations (control of compliance with trademark use regulations, collection of trademark management fees, suspension of the right to use trademarks of persons who do not meet the conditions prescribed by the regulations on use of trademarks...);
- Mechanisms for licensing, controlling and inspecting the use of trademarks and ensuring the quality and reputation of branded goods and services;
- Dispute settlement mechanism.
According to Clause 4, Article 87 of the Law on Intellectual Property, organizations with the function of controlling, certifying quality, characteristics, origin or other criteria related to goods and services have the right to register certification marks provided that they do not conduct production, trading in such goods and services; for places and other signs indicating the geographical origin of local specialties of Vietnam, the registration must be permitted by competent state agencies.
The owner of the certification mark has the right to allow organizations and individuals that produce and trade in goods and services to use the certification mark for their goods and services if such goods and services have characteristics defined in the Regulation on use of the receiving trademark. The owner of the certification mark has the right to manage the use of the trademark under the Regulation on the use of the certification mark, including: Controlling the compliance with the Regulation on the use of trademarks, collecting trademark management fees, suspending the right to use trademarks of persons who do not meet the conditions prescribed by the Regulation on the use of trademarks, ...
Organizations and individuals wishing to use the certification mark must be authorized by the trademark owner and must ensure that they meet the conditions specified in the Trademark Use Regulation.
Applications for registration of certified trademarks include:
- Documents proving the applicant's identity: Id card /ID (for individuals), Certificate of enterprise registration / Decision on establishment (for organizations), ...
- Declaration of trademark registration;
- Trademark template;
- Regulations on the use of certification marks;
- An explanation of the characteristic (or specific) nature and quality of the branded product (if the trademark is registered as the product's quality certification mark or a geographical origin certification mark);
- Geographical area map (if the registered trademark is a certification of the geographical origin of the product, or the certification mark contains a place or other sign indicating the geographical origin of the local specialty);
- The document of the People's Committees of provinces or centrally-affiliated cities allows the use of landmarks or other signs of geographical origin for local specialties for trademark registration (if the registered mark is a certification mark containing a place name or other sign indicating the geographical origin of local specialties).
- Copies of payment documents of fees and charges (cases where pays fees and charges through the postal service or deposited directly into the account of the Department of Intellectual Property).
The costs of registering a certified mark include: Fees, state fees and legal service remuneration. In particular, state fees and charges include:
- Application fee;
- Application disclosure fee;
- Search fee for trademark appraisal;
- Fees for appraisal of trademark applications;
- Fees for granting protection certificates;
- Fees for disclosure of protection certificate information granted;
- Registration fee for protection certificate information is issued.
Fees and charges payable by the State will depend on the number of groups of products, protection registration services and the number of products and services registered in each group.
According to the provisions of No.17 Article 4 of the Law on Intellectual Property, a collective mark is a trademark used to distinguish the goods and services of members of an organization that is the owner of such trademark from the goods and services of an organization or individual who is not a member of that organization.
- Certification marks and collective marks are both signs to distinguish goods and services.
They are all trademarks used by many individuals and organizations.
- Term of protection: The protection certificate is valid from the date of issuance to the end of 10 years from the date of application, which can be renewed several times in a row, each time for 10 years.
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Comparison criteria |
Collective trademarks |
Certification mark |
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About the functionality of the trademark |
Used to distinguish the goods and services of members of an organization from goods and services of an organization or individual who is not a member of that organization. |
Used to certify the characteristics of origin, raw materials, materials, how to produce goods, how to provide services, quality, accuracy, safety or other characteristics of branded goods and services. |
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About trademark owners |
Collective organizations are legally established in accordance with Vietnamese law. |
An organization with the function of controlling, certifying quality, characteristics, origin or other criteria related to goods and services. Trademark owners may not conduct the production and trading of such goods and services. |
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About the subject of the trademark |
Only members of the organization may use the collective mark that the organization has registered to protect. |
Any individual or organization whose goods and services meet the conditions under the Regulations on the use of certified trademarks and is permitted by the trademark owner shall usesuch certification marks. |
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