Trademark registration for carpet products in Vietnam

Carpets are also an essential decoration for many families. To build trust, and reputation and affirm product quality, trademark registration for carpet products is necessary. In the article below, Viet An Law will summarize the regulations on trademark registration for carpet products in Vietnam.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.
• Decree 65/2023/ND-CP has detailed several articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.
• Circular 236/2016/TT-BTC regulates industrial property fees and charges.

Some related definitions

What is a trademark?

Trademark means any sign used to distinguish goods or services of different organizations or individuals. Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, and images, including three-dimensional images or their combinations, presented in one or several given colors. Trademarks are often used to build reputations, and attract customers’ awareness and trust towards a specific brand.

Trademarks as defined by the World Intellectual Property Organization (WIPO): A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

Vietnam’s Intellectual Property Law also provides the following definition of a trademark: Trademark is any sign used to distinguish goods or services of different organizations and individuals (Clause 16, Article 4 of the Intellectual Property Law).

What is trademark registration?

Trademark registration for products and goods is a procedure that individuals and organizations need to carry out to establish trademark rights for products and goods. The form of recognition of rights to a trademark is a Trademark Registration Certificate.

What is trademark registration for carpet products?

Trademark registration for carpet products is a procedure to establish rights for a carpet trademark produced by an enterprise to be granted a Trademark Registration Certificate.

Classification trademark registration for carpet products

When verifying a dossier of trademark registration, it is necessary to specifically identify the classes of goods bearing the trademark to determine the scope of protection. According to the Nice classification applied in Vietnam from January 1, 2024, carpet products belong to:

Class 27

Carpets, doormats, and other type of carpets.

Class 35

Buying, selling, importing, exporting, and trading floor carpet products

Notable trademark for carpet products in Vietnam

Sani carpets

Sani Carpets is a large and well-known company specializing in the carpet business. Sani specializes in providing carpets with many diverse designs, and many different sizes and is diverse in designs as well as form. All carpet samples are strictly inspected by the company from processing to giving them to consumers.

Badu Carpets

Badu has launched many different products to the market. The main business areas of Badu Carpet Company include carpet products such as decorative carpets, sheep wool carpets, handmade carpets woven by hand, and carefully artificial fibers from the smallest details.

Linh Dung Carpets

With very good after-sales service, you can return the item if there is a problem within 7 days after purchase. With a reasonable price, Linh Dung commits that each of its products has a clear origin and especially has accompanying invoices. Linh Dung also supplies a lot to high-end resorts and hotels.

Lock & Lock

As a large household appliance brand, the carpets of Lock&Lock are also favored and widely used by many customers. You can use them in the kitchen, in front of the gate, or in front of the toilet to help your home space more beautiful and much more hygienic when used.

Trademark registration for Lock & Lock carpet products in Vietnam

• Title holder: Lock & Lock Company Limited
• Application number: 4-2016-22151
• Application date: July 21, 2016
• Degree issuance date: April 4, 2018
• Trademark: LOCK & LOCK
• Good/service classification (Nice): Class 27:

A dossier of trademark registration for carpet products in Vietnam

To carry out the trademark registration procedure, the applicant needs to prepare and complete the following documents:

• Trademark registration declaration according to the prescribed form;
• Power of Attorney for Viet An Law;
• Trademark sample (not smaller than 3x3cm, not exceeding 8x8cm);
• Other documents (if necessary).

Procedures for trademark registration for carpet products in Vietnam

To register, after conducting a preliminary and in-depth search at Viet An Law to determine the possibility of protection, the applicant must follow these steps:

Step 1: Submit a trademark application

• Individuals and organizations wishing to register a trademark can file a trademark registration application themselves at the National Office of Intellectual Property or can submit it indirectly through the trademark registration representative service of Viet An Law;
• After submitting a trademark registration application at the National Office of Intellectual Property, the National Office of Intellectual Property will stamp the application receipt, including the date, month, year of receipt of the application, and application number for tracking;
• Monitor the application and wait for a response from the National Office of Intellectual Property.

Step 2: Formality and substantive examination of the application

From the date it is received by the National Office of Intellectual Property, the trademark registration application is considered in the following order:

• Formality examination: 01 month

Publication of application: within 02 months from the date the trademark application has a Decision accepting the valid application. The application will be published in the hard copy of the Industrial Property Official Gazette; and the website of the National Office of Intellectual Property and the Industrial Property Official Gazette.

• Substantive examination: no more than 09 months from the date of publication of the application.

Step 3: Decide to grant/refuse to grant a protection title.

• If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property will issue a decision to refuse to grant a protection certificate;
• If the subject matter stated in the application meets the protection requirements, and the applicant pays fees and charges in full and on time, the National Office of Intellectual Property will issue a decision to grant a protection certificate, recorded in the National Register of trademarks and publication in the Industrial Property Official Gazette.

Step 4: Fee payment for granting a protection certificate

According to Circular 236/2016/TT-BTC regulating industrial property fees and charges, fees, and charges for granting trademark protection titles are regulated in detail, specifically:

• Granting fee: 120,000 VND for 01 trademark, 01 class of goods and services.
• Registration fee: 120,000 VND;
• Publication fee: 120,000 VND;
• If the registration application has many classes of goods and services when paying the licensing fee, it will increase by 100,000 VND/1 class.

Services on trademark registration for carpet products by Viet An Law

• Legal advice on procedures and conditions for trademark registration for carpet products in Vietnam and abroad.
• Preliminary investigation and consulting on the possibility of registering for carpet products trademark protection of customers;
• Drafting trademark protection documents;
• Submit documents and monitor the registration and examination process at the National Office of Intellectual Property;
• Exchange and provide information to customers during the trademark protection registration process.

For all information related to trademark registration for carpet products, please contact Viet An Luat for more specific and detailed instructions