Clothing and sewing industrial design in Vietnam

Clothing and sewing items are to wear such as pants, shirts, skirts, hats, scarves, shoes, sandals, boots, etc. In addition, sewing supplies can also be scarves, gloves, ties, etc. The most basic function of clothing and sewing is to protect the body. Next, clothing and sewing products also have aesthetic and beautifying functions for people. Nowadays, there are many different types of clothing and sewing supplies. Each type has separate designs to suit their intended use such as playing sports, participating in festivals, going to work, etc. Therefore, styles of clothing and sewing can also be protected by law under the form of industrial design protection if their design is new to the world and are capable of industrial application.

What are the clothing and sewing industrial designs?

         An industrial design of clothing and sewing is the external appearance of a garment and sewing product expressed by visible shapes, lines, colors, or a combination of these elements during product use.

         In Vietnam, many clothing and sewing industrial designs have been registered for protection titles at the National Intellectual Property office. For example:

Clothing and sewing industrial design classification

         According to the International Classification of Industrial Designs ( Edition under the Lorcano Agreement), clothing and sewing of class 02 that can be protected as industrial designs include:

• 02 – 01 Undergarments, lingerie, corsets, brassieres, nightwear
  • Including orthopedic corsets and body linen.
  • Not including household linen (Class 6 -13).
• 02 – 02 Garments 
  • Including all sorts of garments, and furs, bathing costumes, sports clothing, and orthopedic games, subject to the exceptions indicated under 
  • Not including undergarments (Class 2-01), or garments to be placed in Classes 2-03; 2-04; 2-05 or 2-06
• 02 – 03 Headwear 
  • Including all kinds of headwear for men, women, and children
• 02 – 04 Footwear, socks, and stockings
  • Including special boots for sports such as football, skiing, and ice hockey, orthopedic footwear and socks, as well as tights, gaiters, and other legwear;
• 02 – 05 Neckties, scarves, neckerchiefs and handkerchiefs
  • Note: Including all “flat” clothing accessories.
• 02 – 06 Gloves 
  • Note: Including surgical gloves and rubber or plastic protective gloves for household use or various occupations or sports
• 02 – 07 Haberdashery and clothing accessories 
  • Including buttons, claps for garments, headwear, and footwear, laces, pins, hand sewing, knitting, and embroidery equipment, and clothing accessories such as belts, suspenders, braces.
  • Not including yarns or other threads (class 5-01), decorative trimmings (class 5 – 04), sewing, knitting and embroider machines (class 15-06), or sewing kits (containers) (class 3 – 01).
• 02 – 99 Miscellaneous

Conditions for protected industrial design:

An industrial design is protected if the following conditions are met:

• Newness (compared to world): An industrial design is considered newness if it is significantly different from industrial designs that have been publicly disclosed in the form of use, description in writing, or any other form in the country or abroad before the submitting date or before the priority date if the industrial design registration application enjoys the right of priority. 
• Industrially applicable: An industrial design is considered to be industrially applicable if it can be used as a model for mass production of products with the appearance of that industrial design by industrial methods.              

Notice: The object is not protected in the name of an industrial design:

• The external appearance of the product is required by the product’s specifications;
• The external appearance of civil or industrial construction works;

The shape of the product is not visible during use of the product.     

Clothing and sewing industrial design registration dossier

Required documents:

• 02 Industrial design registration declaration, typed according to form No.03-KDCN, Appendix A of the Circular No.01/2007/TT-BKHCN;
• 01 description of the industrial design; (The industrial design description must meet the provisions of Point 33.5 of the Circular No.01/2007/TT-BKHCN, the industrial design copy must include the following information: Name of the industrial design; Field of industrial design use; Closet similar industrial design; List photos or drawings; Detailed description of the industrial design; Claims for protection of industrial design);
• 04 sets of photos/drawings of industrial design;
• Receipts of fee payments.

Other documents (if any):

• A power of attorney (if the industrial design application is submitted through an industrial property representation service organization);
• An application right transfer (if any);
• Documents confirming the right to register (if the beneficiary is from someone else);
• Documents proving the priority right (if the industrial design application has a claim of priority right).

Order and procedure for clothing and sewing industrial design registration 

• How to apply: Application for registration of an industrial design can be submitted either directly or online.
• Submitted directly: Applicant can submit an application directly or via postal service to one of the Intellectual Property office receiving points, specifically:
  • The National Intellectual Property Office, address: 386 Nguyen Trai street, Thanh Xuan district, Hanoi city.
  • Representative office of the National Intellectual Property office in Ho Chi Minh city, address: floor, Ha Phan building, 17/19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh city.
  • Representative office of the National Intellectual Property Office in Da Nang city, address: floor, 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son district, Da Nang city.
• Submit via online: Applicant needs a digital certificate and digital signature, registers an account on the Online Application Receiving System and has an account approved by the National Intellectual Property Office to perform rights registration transaction.
• From the date of receipt by the Intellectual Property Office, an industrial design registration application shall be considered in the following order: 
  • Form appraisal: 01 months;
  • Publication of application: within 02 months from the date on which the industrial design registration application has a decision on acceptance of a valid application;
  • Content appraisal: no more than 07 months from the date of publication of the application;
  • The time limit for grant of protection title: 02 – 03 months from the date of payment of protection title fee. After the decision to grant a title is issued, the applicant or the applicant’s representative receives the protection title.

Viet An Law Service on industrial design registration in Vietnam

• Search for information on the use and industrial design registration protection in Vietnam and abroad;
• Consult, assess the usability, registration of protection of industrial design in Vietnam and abroad;
• Complete application for a protection title;
• Research and evaluate the possibility of infringement of industrial design right being protected;
• Exercise protected industrial design right: investigating, monitoring, negotiating/mediation, taking legal action to a court or requesting other competent authorities to handle infringement in Vietnam and abroad;
• Negotiate, draft, appraise and register a contract for the transfer of the right to use or own industrial design in Vietnam and abroad