Notebook Products Trademarks Registration in Vietnam

Demands for the education of children, pupils, and students are a lot. When they go to school, they also need to be equipped with learning equipment such as notebooks, pens, textbooks, … To meet the above demands, thousands of production and business have been established. Writing products were born with all kinds of notebooks given all kinds of designs, designs … to gain the prestige and trust of customers, the above enterprises need to register for their notebook products a certain exclusive trademark. Trademark is not only associated with the product but also gives the business its brand name, reputation and also partly promotes the product to consumers. Therefore, registering the exclusive trademark for notebooks is a necessary and important thing for businesses trading this product.

However, in reality, not all businesses know the procedures for notebook products trademark registration, where to register, and how long to register. To have the best view on this issue, Viet An Law would like to advise customers who have demands procedures for notebook products trademark registration.

First, customers need to classify their service products. In a trademark registration dossier, the list of goods and services is one of the mandatory and important documents to determine the scope of trademark protection.

According to the Nice Classification, the notebook product is classified in class 20: Wooden products (not elsewhere classified).

Customers design a form of trademark for their notebook products to register. After receiving the trademark sample from customers, Viet An Law will conduct a preliminary search of the trademark (within 1 day). However, to get the most accurate results on the distinction of the trademark, customers must perform a search at the Intellectual Property office (there is a fee), Viet An Law will represent customers for this procedure.

Procedures for notebook products trademarks registration in Vietnam include:

Step 1: Apply:

         Individuals, enterprises requesting trademark registration may themselves apply to the competent state agencies or can authorize the representative of Viet An Law to submit. When applying, customers pay the registration fees and take the receipts of fee payment. These receipts will be submitted attach with the dossier.

         Attach with the trademark registration application, customers need to provide these documents:

• A list of notebook products intended to register;
• A trademark registration declaration;
• A power of attorney Viet An Law to submit the dossier;
• 01 trademark sample (not smaller than 3 x 3 cm, not bigger than 8 x 8 cm);
• Receipts of fee payments.

Step 2: Receive and settle the trademark registration application

         The trademark registration application shall be received by the state management agencies in charge of industrial property rights if it meets the requirements according to the provisions of Clause 1 Article 108 of the Law on Intellectual Property.

         After receiving, the competent state agencies continue to settle the application through these stages:

Stage 1: Form appraisal

         The form application will be appraised to assess the validity of the application (necessary documents, classification, stated object classification, rights to apply…) It takes about 01 – 02 months to appraise from the date of submitting.

Stage 2: Publish the application

         The application is accepted as a valid application will be published on the gazette within 02 – 03 months from the date the application is accepted.

Stage 3: Content appraisal

         The content application will be appraised. The purpose of this stage is to assess the strongest possibility to grant the protection title and assess the scope of protection. The time to appraise content is 06 months from the date of publishment. During the content appraisal, the state management agencies in charge of industrial property rights shall request the applicant to explain the content, provide information on the stated objects.

Step 3: Grant the protection title and publish 

         The trademark registration applications are not the cases that refuse to grant the protection title according to Clause 1, 2 and Point b Clause 3 Article 117 Law on Intellectual Property and the applicant pays the fee, the state management agencies in charge of industrial property rights shall grant the protection title and publish on National Register of Industrial Property.

         The time to grant the protection title is 01 – 02 months from the date paying the granting fee.

Notices: The term of trademark protection is 10 years from the submitting date and can be extended an unlimited number of times at the end of the protection term. Before the expiration of the 06-month protection period, customers must apply for the renewal and pay the renewal fee to the Intellectual Property Office if customers still want to continue using the trademark.

  Viet An Law provides legal services for trademark registration:

• Advice on procedures and conditions for trademark registration;
• Advies on the strongest possibility to register;
• A preliminary search on trademark registration;
• Search for the trademark at the Intellectual Property office – independent cost;
• Represent for customers in the whole process;
• Draft the registration dossier;
• Submit and track the process, appraisal at the Intellectual Property office;
• Represent customers in the process and discuss with the Intellectual Property office about trademark registration.