Short answer: An agricultural association or cooperative building a shared brand for exports has two tools: a collective mark — used jointly by members of the collective organization to distinguish members’ goods from those of non-members; and a certification mark — granted by its owner to others whose goods or services meet the certification standards (Article 4(17) and 4(18) of the Intellectual Property Law, Consolidated Document 67/VBHN-VPQH). Key trap: the owner of a certification mark may not produce or trade in the very goods or services bearing that mark (Article 87(4)) — a cooperative that both grows and sells the product cannot own a certification mark for its own goods.
1. Collective marks vs certification marks
- Collective mark: a mark of goods or services distinguishing the goods or services of members of the organization owning the mark from those of non-members — Art. 4(17).
- Certification mark: a mark whose owner permits other organizations or individuals to use on their goods or services to certify characteristics such as origin, materials, production methods, quality, accuracy, safety or other characteristics — Art. 4(18).
In plain terms: a collective mark is the shared brand of an organization’s members; a certification mark is an independent body’s seal of approval for those meeting its standards.
2. Who may register? — The Article 87(4) trap
Article 87(3) and 87(4) govern registration rights for these two marks:
- Collective mark: registered by the collective organization for use by its members.
- Certification mark: registered by an organization with a control or certification function; that organization may not produce or trade in the goods or services in question — Art. 87(4).
Practical consequence: a cooperative that both grows and sells coffee cannot own a certification mark for its own coffee. It should either choose the collective mark model, or set up (or engage) an independent certification body while the cooperative acts as a licensed user.
3. Regulations on use: a mandatory document
Both marks require regulations on the use of the mark attached to the application, covering eligibility conditions, the characteristics to be certified (for certification marks), and control methods. This is not a formality — Article 95(1)(d) and (e) provide for termination of validity of the registration certificate if the owner fails to control, or ineffectively controls, compliance with the usage regulations for collective or certification marks.
Recommendation: build the regulations from day one with periodic inspection mechanisms and keep control records — losing validity for “no control” is an entirely preventable risk.
4. Filing procedure at the IP Office of Vietnam
- Where to file: the trademark application is filed with the Intellectual Property Office of Vietnam.
- Substantive examination: 05 months from the publication date — Art. 119(2)(b) (reduced from 09 months under Law 131/2025/QH15).
- Term: the registration certificate is valid for 10 years from the filing date and may be renewed multiple times, each time for 10 years — Art. 93(6).
5. Maintaining validity: controlling use is an ongoing duty
After grant, the owner must maintain control over use of the mark in accordance with the regulations — lax control can lead to termination under Art. 95(1)(d) and (e). For a certification mark serving exports, control also underpins the reputation of the entire production region, so periodic inspection, evaluation and record-keeping are essential.
FAQs
Can a cooperative that both grows and sells register a certification mark for its own products?
No. Art. 87(4) bars the certification-mark owner from producing or trading in the goods or services bearing the mark. Choose a collective mark, or set up an independent certification body.
How long is a certification mark valid?
10 years from the filing date, renewable for further 10-year terms (Art. 93(6)).
How long does substantive examination take?
05 months from publication (Art. 119(2)(b)) — reduced from 09 months under Law 131/2025/QH15.
What if use of a collective mark is not controlled?
The certificate may be terminated under Art. 95(1)(d) and (e).
Legal sources
- Intellectual Property Law — Consolidated Document 67/VBHN-VPQH (consolidated up to Law 131/2025/QH15, effective 01/4/2026): Art. 4(17), 4(18); Art. 87(3), 87(4); Art. 93(6); Art. 95(1)(d), (e); Art. 119(2)(b).
An agricultural association or cooperative preparing a shared brand for exports, needing to decide between a collective and a certification mark, or to draft usage regulations? Reach us via the Contact page of FLAT Law Firm.
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
For reference only, not legal advice.
