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Sports shoe trademark registration in Vietnam

Vietnam is one of the biggest shoe manufacturers and shoe exporters in the world. Therefore, Vietnamese businesses not only have to compete with domestic businesses but also foreign businesses when Vietnam joins free trade agreements. Registering a trademark for sports shoes is extremely necessary to protect the rights of the owner. In this article, Viet An Law – Intellectual Property Representative will advise clients on sports shoe trademark registration in Vietnam.

Viet An Law Firm

Legal basis

  • Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022;
  • Decree 65/2023/ND-CP provides detailed regulations on industrial property, protection of industrial property rights, and management of plant varieties;

Protection conditions for sports shoe trademark registration in Vietnam

According to Article 72 of the current Intellectual Property Law, a trademark is protected if it meets the following conditions:

  • A visible sign in the form of letters, words, drawings, images, holograms, or combinations thereof, represented by one or more colors or sound signs expressed in graphic form;
  • Able to distinguish the trademark owner’s goods and services from those of other entities.

Right to register sports shoe trademarks

Pursuant to Article 87 of the current Intellectual Property Law, the following entities have the right to register sports shoe trademarks:

  • Organizations and individuals have the right to register trademarks for sports shoes they produce;
  • Organizations and individuals conducting legal commercial activities have the right to register trademarks for sports shoes that they put on the market but are manufactured by others, provided that the manufacturer does not use that trademark for sports shoes. and does not object to such registration.
  • A legally established collective organization has the right to register a collective mark for use by its members according to the regulations on the use of collective marks;
  • Organizations with the function of controlling and certifying the quality, characteristics, origin, or other criteria related to sports shoes have the right to register a certification mark with the condition that they do not produce or trade sports shoes;
  • Co-owner of a sports shoe trademark.

Procedures for sports shoe trademark registration in Vietnam

Criteria Content
Trademark search

 

This is a completely voluntary procedure for the applicant. However, this procedure should be carried out because it is the first and most important step in the preliminary evaluation of a trademark. However, this research is for reference only and is not a basis for granting or not granting a protection title.

  • Preliminary search: Viet An Law will conduct a preliminary search for customers within 01 working day from the date of receiving the trademark sample.
  • Informal search at the National Office of Intellectual Property: will give the highest assessment of the possibility of protection.
  • Necessary documents for the search: 03 trademark samples with dimensions not smaller than 3×3 cm, not exceeding 8×8 cm
Good and service Class Class 25: Sports shoes.

Class 35: Buying, selling, importing, and exporting sports shoes.

Competent authority National Office of Intellectual Property – Ministry of Science and Technology (NOIP)
Application method Submit directly to the trademark registration agency at the following addresses:

  • Head office of the NOIP, address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city;
  • Representative office of the National Office of Intellectual Property in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City;
  • Representative office of the NOIP in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang City.

Submit by mail to the above addresses.

Submit online through the public service of the National Office of Intellectual Property (in progress).

Registration process Step 1: Submit an application for sports shoe registration to the NOIP, which can be submitted directly or by mail.

Step 2: Formality examination of the trademark registration application.

Step 3: After a decision is made to accept a valid application, the application will be published in the official gazette.

Step 4: Substantive examination to see if the application meets the conditions or not.

Step 5: The NOIP issues a notice of its intention to grant a degree or its intention to refuse.

After the decision to issue a certificate, the applicant pays the granting fee and obtains a trademark registration certificate.

Registration documents When using the services of Viet An Law Firm – Intellectual Property Representative, we will help clients prepare the dossiers as prescribed. Documents that customers need to provide include:

·      Samples of trademarks, lists of products/goods accompanied by trademarks;

·      Trademark owner information: name, contact address, ID card/ passport for individual representative, phone number, email.

Application examination time In reality: the time for examining a trademark application from filing to granting a certificate or refusing to grant a certificate normally lasts from 20-24 months.
Deadline for granting certificate 02-03 months from the date of payment of granting fee.

Trademark protection period

Trademarks are protected for 10 years from the date of filing. And it is extended without limit at the end of the protection period. Therefore, a business can own a trademark and an accompanying asset throughout its operation if the business always renews the trademark Protection title according to regulations after 10 years of expiration.

Some notable sports shoe trademarks in Vietnam

No Trademark name Trademark information
1 SPLY-350 Owner: adidas AG : Adi-Dassler-Strasse 1, Herzogenaurach, 91074, Germany

Protection title number: 4-0339175-000

Granting date: December 9, 2019

Class 25: Footwear.

2 adidas Owner: adidas AG : Adi-Dassler-Strasse 1, Herzogenaurach, 91074, Germany

Protection title number: 4-0174414-000

Granting date: October 31, 2011

Class 35: Retail and online retail services; advertising services.

3 NIKE Owner: Nike Innovate CV: One Bowerman Drive, Beaverton, Oregon 97005-6453, USA

Protection title number: 4-0003440-000

Granting date: October 1, 1991

Class 25: Articles of clothing, including footwear and headwear.

Class 18: Handbags.

4 WALT DISNEY Owner: Disney Enterprises, Inc., a Delaware Corporation: 500 South Buena Vista Street, Burbank, California 91521, USA.

Protection title number: 4-0085505-000

Granting date: August 6, 2007

Class 25: Clothing; sport shoes […]

5 ALL STAR, image Owner: ALL STAR CV: One Bowerman Drive, Beaverton, Oregon 97005, USA.

Protection title number: 4-0161746-000

Granting date: April 13, 2011

Class 25: Clothing; footwear; headgear; shoes; sports shoes; shoes used in athletics; basketball shoes; skateboard shoes; running shoes; tennis shoes; lace-up sneakers; sports shoes; […]

6 thuong dinh Owner: Thuong Dinh Shoe Joint Stock Company: No. 277 Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City.

Protection title number: 4-0158344-000

Granting date: February 18, 2011

Class 25: Shoes (apparel).

7 DONA Biti’s, image Owner: Binh Tien Dong Nai Co., Ltd.: 1/1 Pham Van Thuan, Tam Hiep ward, Bien Hoa City, Dong Nai province

Protection title number: 4-0132466-000

Granting date: August 28, 2009

Class 25: Shoes; sandal.

Trademark registration service of Viet An Intellectual Property Representative

  • Legal advice on procedures and conditions for trademark protection;
  • Preliminary search and consulting on the possibility of registering trademark protection;
  • Drafting trademark protection dossier;
  • Submit documents and monitor the registration and examination process at the NOIP;
  • Representing customers throughout the entire process of establishing rights and responding to official correspondence with the NOIP on trademark protection;
  • Exchange and provide information to clients during the trademark protection registration process.

If you need to register for trademark protection or use trademark registration consulting services, please contact Viet An Law for the most effective and quickest advice.

This article is updated until May 2024. If any legal changes have not been updated, please contact Viet An Law for support.

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