Swimwear Trademarks Registration in Vietnam

 When going swimming, people usually often equip themselves with necessary items to protect the body and avoid the effects of the water environment on health. Swimwears protected as a trademark will attract customers and avoid counterfeit products. Therefore, business entities of this type of product can refer to trademark registration procedures as follows:

Prepare a trademark registration dossier

• Trademark samples with dimensions bigger than 3 x 3 cm and smaller than 8 x 8 cm;
• A list of goods/services intended to register;
• A trademark registration declaration (if customers authorize Viet An Law to apply, this declaration will be signed by the representative of Viet An Law);
• A power of attorney;
• Receipts of fee payments.

Notices: The list of goods/services needs classifying according to the Nice Classification: swimwears such as swimming floats, life-jackets, swimming boards, and webbed feet for swimming are classified in class 28; swimwears are classified in class 25.

         To ensure the ability to successfully register a trademark, customers need to pay attention to design a trademark sample. A trademark sample must not be a sign which is identical or confusingly similar to a protected or well-known trademark; must not be descriptive. It is not also allowed to use the image of the flag, national emblem, or celebrity’s name. To avoid risks, customers can use the search service of Viet An Law to get the most general information and provide a necessary plan. 

Submit and monitor the result of the application

         Customers can directly submit the application at the Intellectual Property Office or through the representative of Viet An Law. Time to process the application is about 13 – 18 months including Form appraisal; Publish the application on the gazette; Content appraisal; Grant and Publish the protection title.

Duration to protect a trademark and extension

         According to Law on Intellectual Property, a protection title is valid from the date of granting to the end of 10 years from the date of applying.

         The trademark registration certificate can be renewed many consecutive times for 10 years each and must meet the requirements:

   – Within 06 months before the expiry date of a trademark registration certificate, the owner of a trademark registration certificate must apply for an extension to the Intellectual Property Office (the owner can submit later than the prescribed time limit but not exceed 06 months from the date of expiration of the protection title).

   – Pay the renewal fees.

Use the trademark

         The trademark may not be used by the owner or by the person authorized by the owner for 5 consecutive years before the date of the request for termination without suitable causes (unless the use is started or restarted at least 3 months before the date of the request for validity termination), the protection title shall be terminated.

         For any information relating to trademark registration for services/goods, please contact Viet An Law to be given detailed advice.