Trademark classifications of goods and service in Vietnam

Identifying the class of goods and services bearing the trademark is determining the scope of protection of the trademark. Accordingly, the classification of classes of goods and services in member countries of the Nice Agreement and many other countries is unified based on the Nice Classification of goods and services according to the latest version as WIPO publishes for trademark registration. When this version is updated, some countries often translate it to internal law in trademark registration within that country’s territory. In Vietnam, the Nice version is also updated every year corresponding to the latest version of WIPO.

Legal basis

• Decree 65/2023/ND-CP guides the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and State management of intellectual property.
• Circular 263/2016/TT-BTC regulates the rates, collection, payment, management, and use of industrial property fees and charges, as amended and supplemented from time to time.
• Notice No. 4933/TB-SHTT of the National Office of Intellectual Property dated December 25, 2023.

Obligation to classify goods and services for trademark registration

According to the provisions of Appendix I – Part II of Decree No. 65/2023/ND-CP dated August 23, 2023, of the Government detailing several articles and measures to implement the Intellectual Property Law on public property. industry, protection of industrial property rights, rights to plant varieties, and State management of intellectual property, from January 1, 2024, in the section “Classification of goods and services bearing the trademark”, the applicant must be classified by the International Classification of Goods and Services according to the Nice Agreement version being applied at the time of application.

In case the applicant does not self-classify or classifies incorrectly, the National Office of Intellectual Property will classify, and at the same time, the applicant must pay a classification fee according to the provisions of Circular 263/ 2016/TT-BTC. The current classification fee is specified as follows:

• Fee for international classification of goods and services for trademarks: 100,000 VND / each class has no more than 6 products/services
• If each class has more than 6 products/services, an additional 20,000 VND/ good or service must be paid from Saturday onwards.

Note for trademark owner when registering a trademark in Vietnam

The indications of goods or services appearing in the class headings of the Classification are general indications relating to the fields to which, in principle, the goods or services belong. Therefore, the Detailed List should be consulted to determine the correct classification of each good or service.

To ensure compliance with Vietnam regulations, avoid incurring unnecessary costs, and prolong registration time, application owners should carefully and accurately classify classes of goods and services for trademark registration. The most optimal option is to ask experienced and reputable industrial property representatives such as Industrial Property Representative – Viet An Law to support this procedure.

Nice Classification version updated in 2024

According to the latest Notice of the Intellectual Property Office No. 4933/TB-SHTT signed by Deputy Director Le Huy Anh on December 25, 2023, on unifying the application of the International Classification of Goods and Services under the Agreement Nice Convention version 12-2024, the new updated version of the Nice Classification in 2024 has been published by Vietnamese National Office of Intellectual Property in the Industrial Property Official Gazette No. 429 (December 25, 2023).

Accordingly, the Nice Classification version 12-2024 will be applied in Vietnam from January 1, 2024. This is a translated version from the English version of the Nice Classification version 12-2024 published by WIPO on June 22, 2023, with corrections and additions compared to the previous version 12-2023.

When applying for trademark registration, it is necessary to specifically identify the good or service that the trademark accompanies. The classification of goods and services for trademark registration in Vietnam is divided into 45 classes, from class 1 to class 34 for goods, and from class 35 to class 45 for services registration.

Classes of good

Class 1. Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.

Class 2. Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.

Class 3. Non-medicated cosmetics and toiletry preparations; nonmedicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations.

Class 4. Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.

Class 5. Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6. Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; nonelectric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.

Class 7. Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.

Class 8. Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.

Class 9. Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coinoperated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus.

Class 10. Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.

Class 11. Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.

Class 12. Vehicles; apparatus for locomotion by land, air or water.

Class 13. Firearms; ammunition and projectiles; explosives; fireworks.

Class 14. Precious metals and their alloys; jewellery, precious and semiprecious stones; horological and chronometric instruments.

Class 15. Musical instruments; music stands and stands for musical instruments; conductors’ batons.

Class 16. Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks.

Class 17. Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.

Class 18. Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.

Class 19. Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal.

Class 20. Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.

Class 21. Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.

Class 22. Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.

Class 23. Yarns and threads for textile use.

Class 24. Textiles and substitutes for textiles; household linen; curtains of textile or plastic.

Class 25. Clothing, footwear, headwear.

Class 26. Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.

Class 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, not of textile.

Class 28. Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.

Class 29. Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yogurt and other milk products; oils and fats for food.

Class 30. Coffee, tea, cocoa and substitutes therefor; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water).

Class 31. Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.

Class 32. Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other preparations for making non-alcoholic beverages

Class 33. Alcoholic beverages, except beers; alcoholic preparations for making beverages.

Class 34. Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers’ articles; matches.

Classes of service

Class 35. Advertising; business management, organization and administration; office functions.

Class 36. Financial, monetary and banking services; insurance services; real estate services.

Class 37. Construction services; installation and repair services; mining extraction, oil and gas drilling.

Class 38. Telecommunication services.

Class 39. Transport; packaging and storage of goods; travel arrangement.

Class 40. Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation.

Class 41. Education; providing of training; entertainment; sporting and cultural activities.

Class 42. Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software;

Class 43. Services for providing food and drink; temporary accommodation.

Class 44. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture and forestry services.

Class 45. Legal services; security services for the physical protection of tangible property and individuals; dating services, online social networking services; funerary services; babysitting.

Above is the latest update on the classification of goods and services for trademark registration in Vietnam. If you need advice on trademark classification or trademark registration, please contact the Intellectual Property Representative – Viet An Law Firm for the most effective support.