REGISTERING A LOGO TRADEMARK IN 2023?
A logo is the first and most important element in building brand recognition and attracting customers. Usually, each business will design and create its own unique and impressive logo to leave a mark on the market. So, once a business has a logo, what steps should it take to protect it from infringement?
The first solution that businesses should consider is to register their logo trademark. Registering a logo trademark will help the logo owner prove their legal ownership of the logo. The logo registration process includes several steps, such as searching for the availability of the logo, filing an application, monitoring the application, and receiving the registration certificate.
Therefore, please join Thien Di to learn more about Logo Trademark Registration in the following article:
1. What is a logo copyright registration?
1.1. What is a logo?
A logo is a visual representation, including an image, text, or a combination of both, that helps identify a brand. Just like a slogan, a logo is more than just a representation of a company, organization, or business. It also embodies the message that its owner wants to convey to the public. Therefore, each logo has its own unique identity, must be different, and importantly, must create a strong impression on consumers.
For example, when you mention Starbucks, you will think of the "classy" mermaid logo of the international coffee chain or the old colonel with the famous KFC fried chicken brand. The role of logos in building brand identity is not only important for large businesses, but also small businesses, online shops, and business websites should create their own brand identity in the minds of customers as well as a symbol of the company or individual.
1.2. What is logo copyright registration?
Logo copyright registration is the process by which a logo owner takes legal steps to have the competent state agency recognize their ownership of the logo through the following steps:
- Logo search
- Submitting a logo copyright registration application
- Tracking the logo registration application
- Receiving the logo copyright registration certificate.
Specifically, the owner prepares the application file and submits the logo copyright registration application to the Intellectual Property Office (registering the logo as a trademark) or the Copyright Office (registering the logo copyright as an applied art work).
After the review period, the Copyright Office will issue a Certificate of Authorship or the Intellectual Property Office will issue a Certificate of Trademark Registration (Trademark Protection Certificate) to the owner.
The registration of copyright for a logo can be done in the form of registering a copyright for an applied art work or registering as a trademark.
The advantage of registering a logo as a copyright is that you will receive the registration certificate quickly. However, the scope of rights of the logo will not be full and protected by law as well as registering the logo as a trademark. Therefore, to choose one of the two methods of registering a logo copyright, we advise clients to choose to register the logo protection as a trademark or if you have the financial means, or to be safe, you should register both forms to ensure that the owner has both certificates. This will avoid the situation that has happened before, where there is 1 logo but there are 2 owners:
- One person/organization owns the trademark registration certificate
- Another person/organization owns the logo copyright registration (as a copyright for applied art works)
2. Do I have to register a copyright for my logo?
Many people wonder if it is mandatory to register a copyright for their logo. The answer is: The Intellectual Property Law does not require owners to register a logo for their product or service. Registration is entirely voluntary and is intended to raise awareness of intellectual property protection for logos.
Therefore, although the law does not require registration, owners should still register a copyright for their exclusive trademark logo to prevent others from registering their logo and then demanding that they stop using it. What happens in this situation? According to the law, the person who is granted the certificate of protection has the right, and does not need to prove anything. The person who does not have a certificate of protection must find ways to prove that they created the logo, and if they cannot prove it, they will have to stop using it.
3. Why Registering a Trademark Logo Copyright is Important
Although registering a trademark logo copyright is not mandatory under the Intellectual Property Law, it is highly recommended due to the crucial role logos play in business development and intellectual property protection. Registering your logo before launching it in the market helps prevent third-party infringement and protects your ownership rights.
Here are some key reasons why you should register a trademark logo copyright:
- Registering your logo grants you exclusive rights to use it on your products and services throughout Vietnam. This prevents unauthorized parties from using your logo without permission.
- Registration provides you with a legal basis to prevent and address any infringement of your logo, such as counterfeiting or imitation. This helps safeguard your brand reputation and market position.
- A registered logo gives you a competitive edge in the market by differentiating your brand from competitors and preventing unfair competition.
- If your logo is infringed upon, you can request that competent authorities take necessary legal measures against the infringing party. This helps protect your rights and interests.
- If you no longer need to use your logo, you can transfer ownership or grant permission to others to use it in exchange for a fee.
4. How to Register a Trademark Logo Copyright in Vietnam
4.1. Classification of Trademark Logo Copyright Registration Forms
As mentioned above, there are two ways to register a logo: as a trademark or as a copyright for an applied art work. Each form has its own advantages and disadvantages. Please contact us for advice on the best option for you.
4.2. Preparing a Trademark Logo Copyright Registration File
After choosing the type of protection (exclusive logo protection, trademark protection, or copyright registration as an applied art work for the logo), the owner will be guided by Thien Di Company to sign a detailed application file (prepared by Thien Di Company). All procedures of filing the application will be done quickly and conveniently by Thien Di Company on behalf of the Client to ensure the highest and broadest protection possible.
4.3. Where to File a Trademark Logo Protection Application in 2022?
After preparing all the necessary documents, the owner can directly or authorize another organization/individual to file the application at the Copyright Office or the Intellectual Property Office:
- Copyright Office for copyright registration
- Ho Chi Minh City: 170 Nguyen Dinh Chieu Street, District 3, Ho Chi Minh City
- Hanoi: No. 33 Alley 294/2 Kim Ma, Ba Dinh District, Hanoi
- Da Nang: No. 01 An Nhon 7 Street, An Hai Bac Ward, Son Tra District, Da Nang City
- Intellectual Property Office for trademark registration
- Ho Chi Minh City: 7th Floor, Ha Phan Building, 17-19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh City
- Hanoi: 386 Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi
- Da Nang: 3rd Floor, No. 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City
If you use Thien Di Company's service, Thien Di will prepare the application file, submit it, and follow up until the final result is obtained. This helps Clients save time, effort, and cost to focus on their professional work, which will create higher economic efficiency for Clients.
4.4. Tracking the Trademark Logo Copyright Application after Submission
After the application is submitted, it will be reviewed by the competent authority before granting or refusing to issue a logo registration certificate to the owner.
4.5. Receiving the Trademark Logo Copyright Registration Certificate
If the application file meets the requirements of the Intellectual Property Law, the registration authority will issue a logo copyright registration certificate to the owner.
5. Documents Required for Trademark Logo Copyright Registration
5.1. Registering a Trademark Logo as a Copyright:
According to Article 50 of the Intellectual Property Law, to register a trademark logo, the owner must prepare the following documents:
- Application form for copyright registration of a trademark logo;
- Decision on assignment or contract for logo design or declaration of copyright (in case the logo owner is not the author of the logo);
- Declaration of the author of the logo;
- Declaration of the author on the ownership of the work (in case the author is also the owner of the work);
- Copy of the author's ID card/passport;
- Copy of the business registration certificate/ID card/decision on establishment of the logo owner;
- Two color prints of the logo with the signature of the owner (if the owner is an individual) or the signature and company seal (if the owner is a company);
- Contract authorizing Thien Di to register the copyright of the trademark logo.
5.2. Registering a Trademark Logo as a Trademark:
- Trademark registration application form according to the template of the Intellectual Property Office (IPO);
- 05 copies of the logo (trademark) printed on A4 paper;
- Power of attorney or authorization contract of the owner;
- Other relevant documents (if any).
6. Can an individual register a logo copyright?
The answer is yes.
According to the Intellectual Property Law, individuals, legal entities, and organizations both inside and outside of Vietnam can register a logo copyright in Vietnam.
The rights, obligations, and costs of registering a logo for an individual are exactly the same as those for a legal entity, organization, or company. Therefore, whether you are an individual or a company, you can register yourself as the legal owner of the logo or register the logo under the name of your company.
7. How Long Does It Take to Register a Logo Copyright in Vietnam?
7.1. Copyright Registration at the Copyright Office:
According to Article 52 of the Intellectual Property Law, the time to issue a Certificate of Copyright for a logo is 15 days. However, in practice, the registration process usually takes longer, from 20 to 30 working days (from the date the application is valid).
If you use Thiên Di's service, the process will be shorter because the application will be drafted accurately, avoiding the need for multiple revisions and delays (if you submit the application yourself, it may need to be revised several times due to a lack of experience). The sooner you receive the Certificate of Copyright, the sooner your ownership rights will be protected.
7.2. Trademark Registration at the National Office of Intellectual Property of Vietnam:
The time to register a logo copyright as a trademark is divided into several stages in the process and is calculated as follows:
- Searchability: 1-3 days
- Application preparation and filing: 1-2 days
- Formal examination of the application: 1-2 months from the filing date
- Publication of the application status in the Industrial Property Gazette: 1 month after the formal examination
- Substantive examination of the application: 9-12 months
- Issuance of a Notice of Grant of Certificate of Registration: 1-2 months
Thus, the total time from filing the application to receiving the Certificate of Registration will be around 12-16 months. However, the actual time can be around 24-36 months (due to the large number of applications). If you need the results of the examination sooner (and the certificate of protection sooner), please contact Thiên Di at 0981.317.075 for advice on the fast registration service.
8. Cost of Registering an Exclusive Trademark Logo in 2023
The cost of registering a trademark logo is the fee that the owner must pay to the state agency at the time of submitting the logo registration application. This is the basis for the Intellectual Property Office to review and approve the application for the owner.
The total cost of registering a logo depends on the following criteria:
i. Number of logos registered:
ii. Number of product and service groups for which the logo is registered:
iii. Method of application:
iv. Additional services:
The total cost of registering a logo can be divided into two categories:
- Official fees (government fees) paid to the Intellectual Property Office.
- Fees charged by the representative organization that files the logo registration application on behalf of the owner.
Official fees (government fees for logo registration):
|
No
|
Fees Associated with Logo Registration
|
Fees
(Thousand VND)
|
|
1
|
Application fee (per group of up to 6 products/services)
|
180
|
|
|
If a logo registration application includes more than 6 products/services in a group, an additional fee must be paid for each product/service from the 7th onwards.
|
30
|
|
2
|
Priority claim fee per application (if applicable)
|
600
|
|
3
|
Content assessment Fee (per group of up to 6 products/services)
|
300
|
|
|
Additional filing fee for logo registration of more than 6 products/services in a group
|
60
|
|
4
|
The fee for information lookup (for each group of up to 6 products/services)
|
60
|
|
|
If a logo registration application includes more than 6 products/services in a group, an additional fee must be paid for each product/service from the 7th onwards.
|
24
|
|
5
|
Application publication fee
|
120
|
|
6
|
Registration Fee for Certificate of logo Registration
|
120
|
|
7
|
Certificate Issuance Fee
|
120
|
|
8
|
Fee for Publishing the Certificate of Logo Registration
|
120
|
For one logo/one group of products and services/maximum of 6 products/services: 1,000,000 VND (application fee) + 360,000 VND (certificate of logo registration fee) = 1,360,000 VND.
9. Differences Between Copyright Registration and Trademark Registration for Logos
Protection Conditions:
Copyright Registration for Logos: Must be original and expressed in a tangible form (refer to Clause 1, Article 6 of the Intellectual Property Law).
Trademark Registration for Logos: Must be a visible sign that can distinguish the goods and services of the trademark owner from those of other entities (refer to Clause 2, Article 72 of the Intellectual Property Law).
Registration Authority:
Copyright Registration for Logos: Copyright Office (refer to Clause 1, Article 34 of Decree 22/2018/NĐ-CP).
Trademark Registration for Logos: Intellectual Property Office.
Application Documents:
According to Clause 2, Article 50 of the Intellectual Property Law, copyright registration for logos requires the following documents:
- Copyright registration application form.
- Two copies of the work for copyright registration.
- Power of attorney, if the applicant is authorized to represent the owner.
- Documents proving the right to file the application, if the applicant is entitled to the rights of another person due to inheritance, transfer, or succession.
- Written consent of co-authors, if the work has co-authors.
- Written consent of co-owners, if the copyright or related rights are jointly owned.
According to Articles 100 and 105 of the Intellectual Property Law, trademark registration for logos requires the following documents:
- Application form.
- Trademark sample and list of goods and services bearing the trademark.
- Power of attorney, if the application is submitted through a representative.
- Documents proving the right to apply if the applicant is entitled to the right to apply from another person.
- Documents proving priority right, if claiming priority right.
- Copies of payment receipts for fees and charges.
Protection Certificate:
Copyright Registration for Logos: Certificate of Copyright RegistrationTrademark (refer to the issued certificate).
Registration for Logos: Certificate of Trademark Registration (refer to the issued certificate).
10. Checking the National Office of Intellectual Property's (NOIP) Digital Library:
- All registered and rejected trademarks are published on the NOIP's digital library website: http://iplib.noip.gov.vn/WebUI/WSearch.php
- You can enter basic information such as the trademark name, e.g., "FPT," "Vinaconex," to search.
- This tool is useful for checking if ideas are already registered. For experienced individuals with knowledge of intellectual property, it can provide about 60% accuracy. For regular users, it can help check for idea duplication or track the trademark protection process at the NOIP.
- However, this "..." trick only shows the exact phrase you search for and may not display all other trademarks containing it or trademarks with similar pronunciations.
- For example, if you search for "Bamboo":
- The result will show the exact word "Bamboo," but there may be trademarks like "Bam bu," "Bem bu," or "Bam bo."
- Therefore, you must be careful with this method. If you are unsure about your searching ability, please contact Thiên Di Company (0981 317 075) for free pre-filing search assistance.
11. Thiên Di's Logo Trademark Registration Service:
- Consulting on the process, basis for occurrence, establishment of rights, and limitations (if any) during registration.
- Searching for the trademark's registrability. If the search results show that the logo is likely to be rejected, we will advise on modification options and have a design team directly modify it to increase the chances of protection.
- Directly filing the exclusive logo registration application at the NOIP, and guiding the owner on the time when they have temporary rights to the logo.
- Tracking the logo registration application from the time of filing until receiving the final decision from the registration authority.
- Receiving and notifying the owner of the application status after receiving information from the NOIP.
- Receiving the result or appealing the rejection decision (if the application is rejected).
- Handing over the registration certificate to the owner for reference and retention.Consulting on handling third-party logo infringement (if any).
12. Reasons to Choose Thien Di's Services:
- Thien Di is dedicated to providing timely and effective support to clients in all situations.
- For clients who register for logo and trademark protection services with Thien Di, we offer a free logo and trademark design service.
- To support clients in their business establishment and development, Thien Di currently offers free business establishment and branch establishment services.
- Thien Di provides a free trademark protection search service for clients. We conduct a thorough search of the database of the Intellectual Property Office and the World Intellectual Property Organization (WIPO). We only proceed with the application if the trademark has a high probability of protection. In cases where the probability of protection is low, we will advise clients to modify their logo or trademark to increase the chances of protection.
- This ensures that clients' logos and trademarks have a high chance of being granted a certificate, avoiding the investment of marketing costs in logos and trademarks that are not protected, and avoiding infringement of logos and trademarks of other entities that have been granted certificates or filed earlier.
- Thien Di's team consists of highly qualified and experienced professionals who have undergone formal training.
- We are constantly updated on new regulations and policies, and regularly participate in professional training courses to improve our expertise and work experience.
- Our team is capable of handling high workload and pressure.
- We are committed to continuous self-improvement and professional development, aiming for absolute customer satisfaction.
12.1. Our Team
Human resources are the key to the success of every business. Therefore, Thiên Di always focuses on building and developing a professional, serious, and customer-friendly human resource team - that is the compass for our success over the past time.
Thiên Di provides services for trademark registration, product trademark registration, international trademark registration, business trademark registration, exclusive trademark registration, trademark protection, brand name registration, etc. in Vietnam. Currently, we provide this service in most provinces and cities across the country, completing the application and procedures on behalf of customers to submit the application to the state agency, so customers will not have to spend time doing administrative procedures.
12.2. Additional services:
In addition to consulting on import license procedures for medical equipment, Thiên Di also offers a wide range of other services, including:
- Business registration and licensing
- Food safety certification
- Cosmetic registration
- Animal feed and aquatic feed registration
- Intellectual property registration
- Consulting on advertising permits
- Consulting on Free Sale Certificates (CFS)
- Health certificate application
- Please contact Thiên Di Company immediately for the optimal and cost-saving solution.
Contact Info:
THIEN DI TRADING SERVICES COMPANY LIMITED
Address: No. 36 Street A4, Ward 12, Tan Binh District, Ho Chi Minh City
Hotline: 0981317075
Phone: 028.6293 9377
Email: info@luatthiendi.com
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