1. Monopoly Definition
Monopoly is an economic term referring to a market situation where there is only one seller and producer of a product with no close substitutes. The word "monopoly" comes from the Greek words "monos" (meaning one) and "polein" (meaning to sell).
It is a form of market failure, representing an extreme case of a market lacking competition. While in practice it is nearly impossible to find a case that perfectly meets the two criteria of a monopoly, and therefore pure monopolies can be considered non-existent, non-pure forms of monopoly all lead to inefficiency in social welfare.
Monopolies are classified based on various criteria, including the degree of monopoly, the cause of monopoly, and the structure of monopoly.
A monopoly occurs when a single enterprise or a group of colluding enterprises holds a dominant position in the supply of a particular product, allowing them to control the product's price entirely to maximize profits and prevent other competitors from entering the market.
2. Exclusive Product Registration:
Product exclusive registration is an administrative procedure carried out by the product owner at the competent authority to protect the exclusivity of a product they have created. After registration, the owner will be able to prove their ownership and prevent any infringement of the ownership rights of the registered product.
3. Conditions for Registering an Exclusive Product
In general, a product must satisfy the following requirements to be eligible for Exclusive Product Registration:
a. Product name and labeling format (product name)
b. External appearance of the product (differentiating the product)
c. Product technical specifications or manufacturing formula.
Among the three factors listed above, factors (a) and (b) are the most important. They help customers distinguish between products from different companies.
Therefore, customers should register for protection for these two factors to register their Exclusive Product. Specifically:
1. Register factor (a) as a Trademark (also known as a brand or logo).
2. Register factor (b) as an Industrial Design (also known as product design).
3. Register factor (c) as a Patent or Utility Solution Protection.
4. Benefits of Registering an Exclusive Product
4.1. Legal Protection for Exclusive Products
Registering an exclusive product is a necessary step for every business.
All products registered with a trademark are protected by law. In case of trademark disputes, companies with registered cosmetic products are always protected and have their ownership affirmed. According to regulations, other parties are not allowed to infringe or use them illegally.
4.2. Easier Brand Promotion
If you want your product to be known by many people, you need to promote it. However, you first need to build trust with consumers by registering a trademark. This will enhance the product's value in terms of prestige and quality. As a result, it will be easier for the company to promote its brand.
On the other hand, businesses today are also present on e-commerce platforms and other marketplaces. To be able to list products on reputable sites like Tiki, Lazada, Sendo, etc., product manufacturing and trading companies need to have genuine and reputable products. Product promotion will be much more convenient when listed on these platforms.
4.3. Avoiding Confusion Between Different Products
Businesses can be assured when there is a business registering the same name. Because then the product has been recognized by the Intellectual Property Office and will be immediately rejected.
In case consumers encounter two services or products with the same name, they will tend to choose the one with a clear and reputable trademark and logo. In which case, your product should be distinguishable from other counterfeit products. Therefore, your product cannot be confused with other products when registered.
4.4. Stimulating Business Development
When product manufacturing companies have registered exclusive products, the brand awareness will be higher. This will lead to customers' demand for searching and shopping, stimulating supply and demand. The business will be more active in investing in supply and distribution. This will boost the growth of the business. At the same time, it helps businesses increase the opportunity to circulate goods internationally.
The above benefits show the importance of registering exclusive products in the market. More than anyone, businesses that are operating, have operated, and want to exist in the long run need to take this registration seriously and do it right away.
5. Guidelines for Registering a Product for Exclusive Protection
Thien Di will provide consulting services for the above-mentioned product exclusive protection registration procedures:
Registering a Trademark for the Product:
- Trademark application form (2 copies in the provided format).
- Product label samples (product name, product labels).
- Power of attorney (sent back after receiving the request).
- Fee payment receipt.
- List of products/services to be registered for exclusive protection.
Registering an Industrial Design for the Product Packaging:
- Industrial design application form (2 copies in the provided format).
- Product packaging photos.
- Product packaging description.
- Power of attorney (sent back after receiving the request).
- Fee payment receipt.
Registering an Invention or Utility Solution for the Technical Solution:
- Invention application form (2 copies in the provided format).
- Product packaging photos.
- Invention description with technical drawings or invention photos.
- Power of attorney (sent back after receiving the request).
- Invention registration fee payment receipt.
Registering a product for exclusive protection is not too expensive compared to the practical benefits it brings. Therefore, when creating a product, especially those with commercial value and high potential for illegal use and appropriation, the author or owner should quickly register the product for exclusive protection.
6. Time to register for exclusive product protection
The total time can range from 14 to 36 months, depending on the service you choose.
Usually, it is difficult to estimate the actual time from preparing the application to submitting it if you do not have experience. To be sure, please contact us to get the best support for the procedures and the necessary documents for product copyright registration:
- Formality examination: 01 - 02 months from the date of receiving the application.
- Publication of application: 02 months from the date of acceptance of the valid application.
- Examination of the content of the application: 10-30 months from the date of publication.
7. Costs for Registering a Product for Exclusive Ownership
Based on Circular No. 263/2016/TT-BTC dated November 14, 2016, which stipulates the rates, collection, payment, management, and use of industrial property fees and charges, effective from January 1, 2017.
The application fee for registering a product for exclusive ownership (trademark registration) for each ordinary product registration application (trademark) is as follows:
(Protection registration for a Group of goods and services including 06 products of goods and services):
- Application fee: 150,000 VND/application.
- Content review fee: 550,000 VND.
- Trademark search fee for review: 180,000 VND.
- Certificate issuance fee: 120,000 VND.
- Registration fee: 120,000 VND.
- Trademark publication fee: 120,000 VND.
For Trademark Applications with multiple groups of products and services:
- Trademark Application Content Review Fee:
- For each group of products/services for which protection is registered: 550,000 VND.
- For each group of products/services, the trademark search fee for review is 180,000 VND.
- For each group of products/services for which protection is registered: 180,000 VND.
- For each group of products/services with more than 6 products/services registered, an additional 30,000 VND must be paid for each product/service from the 7th onwards.
- Certificate issuance fee: 120,000 VND.
- Registration fee: 120,000 VND.
Notes:
The above are the costs for registering a product for exclusive ownership (trademark, brand) for an application with a group of industries. In cases where an application for priority rights or transfer of an application needs to be reviewed, the Owner must pay an additional fee.
If the applicant submits the application through a consulting service, they will have to pay an additional consulting and application fee!
8. Where to Register for Product Exclusivity in Vietnam
To register for product exclusivity in Vietnam under the form of industrial property (trademark or industrial design registration), you must submit an application to the National Office of Intellectual Property (NOIP) at the following specific addresses:
a. Address for submitting an application for product exclusivity in Hanoi:
Vietnam National Office of Intellectual Property, Address: No. 386 Nguyen Trai, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi Tel: 024 3858 3069
b. Address for submitting an application for product exclusivity in Ho Chi Minh City:
Southern Representative Office of the NOIP: Address: 8A/1 Nguyen Canh Chan, Nguyen Cu Trinh Ward, District 1, Ho Chi Minh City. Tel: (08) 3920 8483 – 3920 8485 Fax: (08) 3920 8486
c. Address for submitting an application for product exclusivity in Da Nang City:
Central Representative Office of the NOIP: Address: 26 Nguyen Chi Thanh, Hai Chau District, Da Nang City. Tel: 0511.3889955 Tel: (0511) 3889955; Mobile Phone: 0903502566 Fax: (0511) 3889977
9. Thiên Di's Exclusive Product Registration Service
9.1. What Clients Receive from Thiên Di's Service
By using Thiên Di's exclusive product registration service, clients will receive:
Free consultation for all questions related to exclusive product registration.
If the client already has a brand design, we will guide, analyze, and evaluate the overall brand.
If the client does not have a brand design yet, our team of designers will consult and implement based on the client's requirements or create their own designs.
Drafting and submitting the application directly to the Intellectual Property Office on behalf of the client.
Monitoring the application, notifying the client of the specific status of the application.
Receiving the Certificate of Exclusive Registration and sending it to the client for reference and retention, or filing an appeal against the decision to refuse to grant the Certificate of Registration (applicable in case the client's application is rejected).
If the trademark is infringed and needs to be litigated, we will proceed with the necessary procedures.
9.2. Why choose Thien Di's exclusive product registration (trademark, label) service?
There are hundreds, even thousands of units providing exclusive product registration services on the market. So why choose Thien Di over other units? The reason why you should choose Thien Di is because:
- Over 10 years of experience in the field of exclusive product registration (trademark, label) in particular and registration of intellectual property rights in general.
- We have successfully registered over 5,000 trademarks and labels.
- A team of lawyers and experts with high professional qualifications, trained by leading universities in the country.
- Provide a full package service from design to registration.
- The time to get the certificate (certificate of protection) is faster than expected.
- Scientific and accurate process of receiving and processing work.
- The cost of registering exclusive trademarks is balanced and reasonable, ensuring customer benefits.
- Honest, enthusiastic and objective advice.
- Customer information is kept strictly confidential.
- Consulting, receiving and handover services at the customer's request.
- Always listen and support customers.
- Attractive after-sales policy (free legal advice within 1 year, business strategy consulting, business development...).
In addition, Thien Di will answer any questions you may have about registering trademarks and product labels. Thien Di always takes the results of customers as the goal, customer satisfaction is the measure. Any questions about registering exclusive product trademarks, please contact us.
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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