Trademark registration for architectural glass products in Vietnam

In the era of strong development of industrialization and modernization in Vietnam, a series of companies specializing in providing construction materials are growing rapidly. One of them is companies that produce architectural glass products. Accordingly, the need for trademark registration for architectural glass products also increased in Vietnam. So how is an architectural glass product trademark registered? To answer clients’ questions, Viet An Law Firm offers an article on trademark registration for architectural glass 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.

What is trademark registration?

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

Classification trademark registration for architectural glass 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, architectural glass products belong to:

Class 19

Architectural glass; alabaster glass; insulated glass for construction; plate glass [windows] for construction; Safety glasses; stained glass for windows.

Class 35

Buying, selling, importing, and exporting architectural glass products.

Notable trademark for architectural glass products in Vietnam

Trademark “VTEH AGLASS”

• Title holder: Viet Technology Aluminum Glass Company Limited.
• Application number: 4-2019-20475
• Application date: June 7, 2019
• Trademark name: VTEH AGLASS, picture
• Address: 140/103/8 Vuon Lai, An Phu Dong Ward, District 12, Ho Chi Minh City.
• Trademark information:
• Color: Blue
• Description: The trademark includes images and text on a white background.
• Class of good/service registration: Class 19: Architectural glass; alabaster glass; insulated glass for construction; plate glass [windows] for construction; safety glasses; stained glass for windows. (Total 06 goods)

Application for trademark registration of architectural glass products in Vietnam

Note when making a trademark declaration

• Regarding the trademark description, the declaration must clarify the constituent elements of the trademark.
• The application owner must describe and state the meaning of the trademark: If the trademark has words or phrases in figurative language, those words and phrases must be transliterated. If the trademark contains words or phrases in a foreign language, it must be translated into Vietnamese. For trademarks that use descriptions related to foreign origin, the registrant must have citizenship in that country.
• One application can register many classes of goods and services.
• Only one protection title is granted per application.

Procedure for trademark registration for architectural glass products in Vietnam

To register a trademark for architectural glass products, you need to follow these steps:

Diagram of the trademark registration process in Vietnam

The specific content of each step when carrying trademark registration for architectural glass products in Vietnam through Industrial Property Representative – Viet An Law:

Step 1: Select the trademark and goods and services for the trademark

• Trademark selection: Choose a trademark model that meets the protection standards. The selected trademark is not similar to other registered trademarks, well-known trademarks, or trademarks that are descriptive signs that cannot be granted protection.
• Select a goods category to register: You must select a category of goods and services bearing the trademark according to the instructions above. Classifying of products and services should be done according to the Nice classification applied in Vietnam.

Step 2: Trademark research

To perform trademark research, clients only need to provide Viet An Law:

• Trademark sample;
• List of goods and services that must be looked up and registered.

Step 3: Submit trademark registration application

• After an in-depth search and the trademark is assessed as capable of registration, the applicant proceeds to submit the registration application.
• The National Office of Intellectual Property of Vietnam receives and processes documents and collects registration fees in Vietnam.

Step 4: Formality examination of the application

• The time limit for the formality examination of a trademark application is one (01) month from the date of application submission.
• The National Office of Intellectual Property will consider whether the application meets the requirements in terms of form, label sample, application owner, filing rights, grouping, etc.
• If the business’s application meets the requirements. The National Office of Intellectual Property will issue a Notice of acceptance of the valid application and publish the application.
• If the business’s registration application does not meet the requirements. The National Office of Intellectual Property will issue a Notice of refusal of the application and request the enterprise to make amendments. The application owner and representative of the application owner shall make amendments as requested. After that, submit the amended dispatch to the National Office of Intellectual Property and pay additional fees if the group is classified incorrectly.

Step 5: Application publication

• Time limit for publication of trademark application: 02 months from the date of Notice of Acceptance of valid application.
• Published in the Industrial Property Official Gazette of the National Office of Intellectual Property.

Step 6: Substantive examination of the application

The time limit for substantive examination is 09 months from the date of publication of the application.

Step 7: Fee payment for granting a Trademark Protection Certificate

According to Circular 236/2016/TT-BTC regulating industrial property 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.

Step 8: Issuance of the Trademark Registration Certificate

• After the trademark owner has paid the registration fee. The National Office of Intellectual Property will issue a trademark protection certificate within 2-3 months from the date of payment of the fee.
• Trademark registration time is about 12 – 18 months from the date of acceptance of a valid application.
• Trademarks are protected for 10 years from the filing date (priority date). Enterprises can renew their protection certificates with no limit on the number of extensions. As a result, the trademark will be an asset throughout the business and operations of the enterprise.

Clients who need advice on trademark registration for architectural glass products in Vietnam, please contact Viet An Law Firm for the best support.