In the context of the 2026 healthcare market, registering a trademark for functional foods has become a mandatory legal requirement and a core foundation for building brand reputation. With the continuous increase in nutritional supplements, health protection foods, and herbal teas, exclusive trademark protection helps businesses prevent infringement, counterfeiting, and imitation while establishing absolute trust with consumers. In Vietnam, the registration process for this product group is strictly regulated by the Intellectual Property Law and medical management regulations. This article analyzes in detail the legal standards, classification strategies, and the most optimal intellectual property rights establishment roadmap for functional foods.
The Role of Trademark Registration for Functional Foods
Functional foods directly impact human health; therefore, transparency regarding origin through legally protected trademarks is a prerequisite. A trademark is not only a sign to distinguish the products of one enterprise from another but also an intangible asset with extremely high valuation potential.
Trademark registration provides specific values to enterprises:
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Establishment of Exclusive Rights: Trademark owners have the right to prevent any individual or organization from using signs that are identical or confusingly similar for the same product group across the entire territory of Vietnam.
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Mandatory Condition for Circulation: To introduce products into pharmacies, supermarkets, or reputable e-commerce platforms, enterprises are required to possess a protection title or, at minimum, a filing receipt for an application that has been accepted as valid.
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Protection in Digital Space: In 2026, cross-border platforms require intellectual property certification to process takedown requests for stores infringing on copyrights and trademarks.
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Increase in Corporate Value: A protected trademark is the subject of licensing, assignment, or capital contribution contracts involving intellectual property assets in M&A transactions.
Nice Classification of Goods and Services
When registering a trademark, accurately identifying the product groups is the most important step in defining the scope of protection. For functional foods, the following groups require special attention:
Class 05: Primary Product Group
This is the most critical group for functional foods. It specifically includes:
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Health supplements.
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Nutritional supplements for medical purposes.
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Dietary supplements for humans and animals.
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Dietary foods adapted for medical use.
Class 29 and Class 30: General Nutritional Supplements
If the product is presented as a conventional food but supplemented with micronutrients, enterprises should consider additional registration in:
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Class 29: Nutritional supplements derived from animals, vegetables, or fruits (e.g., milk powder supplemented with vitamins).
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Class 30: Nutritional supplements derived from herbs, cereals, or herbal teas not for medical purposes.
Class 35: Business and Advertising Services
This group protects services related to:
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Trading and distribution of functional foods.
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Advertising of healthcare products.
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Management of business activities for functional food retail chains.
Registering across related groups creates a solid legal barrier, preventing competitors from exploiting similar names in auxiliary service segments.
Conditions for Trademark Protection of Functional Foods
A functional food trademark is only granted a protection title if it fully meets the conditions for distinctiveness. However, this product group is frequently rejected due to confusion between distinctiveness and descriptiveness.
Distinctiveness of the Trademark
The trademark must consist of letters, words, drawings, or a combination thereof, capable of helping consumers identify the enterprise’s products. A trademark is considered lacking distinctiveness if it is:
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Identical or confusingly similar to a trademark previously registered by another person.
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A generic name of the product (e.g., one cannot exclusively protect terms like “Vitamin” or “Omega 3” for functional foods).
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Indicative of geographical origin (except for certification marks or geographical indications).
Confusion Regarding Descriptive Characteristics
This is the most common error in the functional food industry. Enterprises often tend to name trademarks after the product’s function to easily reach customers. However, trademarks that directly describe features, effects, or ingredients will be denied protection.
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Examples of non-protectable terms: “Healthy Liver,” “Liver Detox,” “Weight Loss,” “Strong Bone.”
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Solution: Descriptive words should be combined with graphic elements (logos) or words that are suggestive but do not directly describe the product to increase the possibility of protection.
Avoiding Terms Confusing with Medicine
Vietnamese law strictly prohibits naming functional foods in a way that causes confusion with medicine. Terms such as “Treatment,” “Specially treat,” “Cure,” or names of specific medical conditions, if appearing in the trademark, will be rejected by the Intellectual Property Office for causing confusion about the nature of the product.
Rights Establishment Process for Functional Food Trademarks
The trademark registration roadmap in Vietnam in 2026 follows strict examination stages to ensure transparency and fairness for all stakeholders.
Stage 1: In-depth Trademark Search
Before filing, enterprises should perform a search on the databases of the Intellectual Property Office of Vietnam and the World Intellectual Property Organization (WIPO). The search helps evaluate:
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Whether the intended trademark conflicts with previously filed applications.
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Whether the trademark violates absolute grounds for refusal.
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The success probability of the application to allow for timely design adjustments.
Stage 2: Filing the Application
After the search and feasibility assessment, the application is filed at the Intellectual Property Office. The filing date serves as the basis for establishing the “priority date.” In Vietnam, the “First to File” principle is strictly applied.
Stage 3: Formality Examination
Within one month from the filing date, the Intellectual Property Office checks the validity of the application’s formalities:
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Applicant information.
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Trademark specimen.
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Classification of goods and services.
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Fee payment receipts. If valid, the Office will issue a Decision on acceptance of a valid application.
Stage 4: Publication of the Application
Within two months from the date of the Decision on acceptance of a valid application, the application is published in the Industrial Property Official Gazette. During this period, any third party has the right to oppose the granting of a title if they have grounds to believe the trademark infringes upon their rights.
Stage 5: Substantive Examination
This is the longest stage (usually lasting 9 to 12 months). The Intellectual Property Office evaluates the protection capacity of the trademark based on distinctiveness and compares it against conflicting marks. This stage determines whether the trademark will be granted a protection title.
Stage 6: Granting the Protection Title
If the trademark meets the standards, the Intellectual Property Office issues a notice of intent to grant a title. The applicant pays the granting fee to receive the Trademark Registration Certificate. The certificate provides protection for 10 years and can be renewed indefinitely for 10-year periods.
Specific Considerations in Designing Functional Food Trademarks
In the field of health protection foods, trademark design must balance aesthetics, health messaging, and legal protectability.
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Use of Portmanteau Structures: Combine a coined word (not found in the dictionary) with a word suggestive of health. For example, instead of “Liver Care,” an enterprise could use “Livax” or “Hepatran.”
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Prioritize Graphic Elements (Logos): A highly graphic and unique logo helps the trademark possess stronger distinctiveness, even if the verbal portion contains elements suggestive of the product.
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Avoid Common Medical Symbols: Symbols such as the red cross (protected by the Geneva Convention) or common medical icons cannot be exclusively protected for an individual.
Intellectual Property Services at Trần & Trần Intellectual Property Co., Ltd.
With a team of highly qualified and experienced staff in the field of intellectual property, we believe that Trần & Trần is among the leading intellectual property companies in Vietnam. Our company brings professionalism to our customers in registration services and the enforcement of intellectual property rights in Vietnam, Laos, Cambodia, and Myanmar.
Through our understanding of intellectual property law and many years of practical experience by our consultants, Trần & Trần ensures that the intellectual assets of our clients are protected in Vietnam and Southeast Asian countries. We understand that intellectual assets constitute a vital part of the total assets of any company, and we recognize that the registration, valuation, transfer, and enforcement of intellectual assets in unfamiliar environments can be a major challenge for corporations establishing branches and business operations abroad.
Therefore, our mission is to ensure your intellectual assets are fully protected by local laws. Our team of lawyers and consultants has the full capacity and experience to provide professional services in the protection and enforcement of all intellectual property rights for patents, trademarks, industrial designs, and copyrights in all sectors such as biotechnology, pharmaceuticals, telecommunications, electronics, electricity, and mechanical engineering, etc.
Enforcement and Protection of Trademarks in the Market
Possessing a protection title is only the first step in brand management. Enterprises must be proactive in market monitoring to detect and handle infringements.
Market and E-commerce Monitoring
In 2026, automated trademark scanning software helps enterprises detect the use of similar marks on e-commerce platforms. Enterprises need to establish periodic infringement reporting processes to protect their market share.
Enforcement of Rights
When an infringement of a functional food trademark is detected, the following measures can be applied:
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Civil Measures: Filing a lawsuit in Court to demand compensation for damages and a public apology.
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Administrative Measures: Requesting the Science and Technology Inspectorate or Market Management authorities to inspect, confiscate goods, and fine the infringing party.
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Criminal Measures: If the infringement occurs on a large scale, constituting the crime of manufacturing or trading in counterfeit goods.
Conclusion and Strategic Recommendations
Registering a trademark for functional foods is a roadmap that requires a deep understanding of both Intellectual Property Law and specialized medical regulations. Proactivity in establishing rights from the conceptual stage not only helps enterprises avoid legal risks but also creates a sustainable competitive advantage in the market.
Every trademark is a commitment to quality for the customer. In a highly competitive market, legal protection is the firmest foundation for a brand to exist and thrive. Choosing a professional consulting firm with regional market expertise such as Trần & Trần is the correct step for an enterprise to confidently develop its intellectual property assets.
Contact Information for Trần & Trần Intellectual Property Co., Ltd.
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Email: ip@trantran.vn
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Address: Room 802, Talico Building, 22 Ho Giam Street, Dong Da District, Hanoi.
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Hotline: 024 3732 7466
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Office Hours: 8:00 AM – 6:00 PM (Monday to Friday).
