Protect Trademark for Mining & Extraction Services in Vietnam

Is your mining brand legally secured, or is your mining services trademark vulnerable to infringement? In an industry where professional standards and credibility are everything, securing your brand is a strategic necessity. Registering your trademark under Class 37 not only prevents mineral extraction IP infringement but also builds long-term market authority. Below, Viet An Law provides a streamlined guide to trademark registration for mining services in Vietnam, covering legal requirements, classification, procedures, and costs.

Why should enterprises register to protect trademark for mining & extraction services in Vietnam?

Classification of goods and services for mining services (Nice Classification)

Applicants are required to classify goods and services in accordance with the International Classification of Goods and Services under the Nice Agreement, 12th Edition (2025). In cases where the applicant fails to classify or incorrectly classifies the services, the Intellectual Property Office of Vietnam (IP Vietnam) shall carry out the classification, and the applicant must pay the prescribed classification fees.

Based on the Nice Classification (12-2025), organizations and individuals registering trademarks for mining services should select the following service classes:

Class 36 – Financial evaluation services in the mining industry

Including financial appraisal and valuation services relating to development costs in mining industries.

Class 37 – Mining services (Core class)

Including mining, extraction, and related operational services.

Class 42 – Exploration and Technical Services

Including exploration services in the fields of oil, gas, and mining industries.

Legal conditions to protect trademark for mining & extraction services in Vietnam

Pursuant to Article 72 of the Law on Intellectual Property 2005, as amended and supplemented in 2022, a trademark for mining services shall be protected if it satisfies the following conditions:

• Being a visually perceptible sign, presented in the form of letters, words, drawings, images, three-dimensional shapes, or a combination thereof, expressed in one or more colors, or sound signs capable of graphic representation;
• Having the distinctive capability to distinguish the mining services of the trademark owner from those of other entities.

Dossiers to protect trademark for mining & extraction services in Vietnam

Pursuant to Articles 100 and 105 of the Law on Intellectual Property and Article 24 of Circular No. 23/2023/TT-BKHCN, a trademark application dossier for mining services includes:

• 02 trademark application forms in the prescribed format;
• 05 trademark specimens (size: 80mm x 80mm);
• Power of Attorney authorizing an individual or organization to act as trademark representative;
• Documents evidencing priority rights, if priority is claimed;
• Regulations on use of collective trademarks, if applying for a collective trademark.

Additional documents for certification trademarks

Where a certification trademark is applied for, the following documents must be enclosed:

• Regulations on the use of the certification trademark;
• A descriptive statement of the specific characteristics and quality of the mining services bearing the trademark;
• A geographical map (if the trademark certifies geographical origin or contains geographical indications);
• A written approval from the Provincial People’s Committee (if the trademark contains geographical names or indications of local origin).

Procedure to protect trademark for mining & extraction services in Vietnam

Trademark registration for mining services in Vietnam’s procedure

Step 1: Filing the application with IP Vietnam

Enterprises may submit trademark applications for mining services to IP Vietnam through the following methods:

• Filing a paper application directly or via postal service to IP Vietnam in Hanoi, or its representative offices in Ho Chi Minh City and Da Nang;
• Filing an online trademark application via the National Public Service Portal:
  https://dichvucong.ipvietnam.gov.vn

Step 2: Formal examination of the application

• Formal examination period: 01 month from the filing date;
• IP Vietnam examines compliance with formal requirements, including:
  • Sufficiency of required documents;
  • Formal validity of documents;
  • Accuracy of trademark description;
  • Trademark specimen conformity.

Examination results:

• Valid application: Decision on acceptance of a valid application;
• Invalid application: Notice of intended refusal.

Step 3: Publication of the trademark application

The trademark application for mining services shall be published in the Industrial Property Gazette within 02 months from the date the application is accepted as valid.

Step 4: Substantive examination of the trademark application

• Substantive examination period: 06 months from the publication date;
• IP Vietnam assesses:
  • Eligibility of the subject matter for the requested protection title;
  • Compliance with protection conditions;
  • Application of the first-to-file principle.

Examination outcomes:

• If protection conditions are met: Notice of intended grant of trademark registration certificate;
• If protection conditions are not met: Notice of intended refusal.

In case of disagreement with the refusal grounds, the applicant may submit a written response, clearly stating the legal basis supporting the grant of trademark protection.

How much does trademark registration for mining services in Vietnam cost?

When registering a trademark for mining services, enterprises are required to pay the following costs:

Mandatory state fees

• Trademark application filing fee: VND 75,000;
• Protection title issuance fee: VND 60,000 for the first class, plus VND 50,000 for each additional class;
• Substantive examination fee: VND 550,000 for up to 06 services per class; additional VND 120,000 for each service from the 7th onward;
• Trademark search fee (if requested): VND 100,000 per class (up to 06 services); VND 20,000 per additional service;
• Priority right examination fee (if applicable): VND 600,000;
• Application publication fee: VND 120,000.

Professional service fees

If enterprises engage legal consulting firms or law firms for trademark registration services, additional service fees shall apply depending on the service provider.

How to successfully register a trademark for mining services

To increase the success rate of mining services trademark registration, enterprises should:

• Conduct a trademark search prior to filing to avoid conflicts or confusing similarity with existing trademarks;
• Accurately classify services according to the Nice Classification;
• Provide a clear and complete trademark description, serving as the basis for formal and substantive examination and determining the scope of protection;
• Prepare a complete and compliant application dossier in accordance with legal requirements.

Don’t let your industrial identity go unprotected in a competitive market. Should you require professional consultation on mining services trademark registration, mineral extraction IP protection, or Class 37 services in Vietnam, please feel free to contact Viet An Law for timely and comprehensive legal support.