Protect Trademark for the Industrial Construction Sector in Vietnam

In the context of the increasingly developing industrial construction sector, brand protection through trademark registration has become an important factor for enterprises to affirm their reputation and compete in the market. Trademark registration in Vietnam not only helps prevent copying, but also creates a solid legal foundation for long-term business operations. With many years of experience in the field of intellectual property, Viet An Law is proud to be a reputable consulting unit, accompanying enterprises in the process of registering and protecting trademarks. The following article will provide detailed information on the procedures for protect trademark for the industrial construction sector in Vietnam that enterprises need to know.

Benefits of protecting trademarks for the industrial construction sector in Vietnam

In the context of increasingly fierce competition in the industrial construction sector, trademark registration is not only a legal requirement but also a strategic step to help enterprises affirm their brand, enhance their reputation and protect their long-term interests.

⚖️Protecting legal rights

Registering a trademark gives enterprises a clear legal basis to prevent copying, counterfeiting or trademark infringement. This is an important “shield” to protect intellectual property rights.

🤝 Enhancing credibility and reliability

An officially registered trademark demonstrates the professionalism, transparency and prestige of the enterprise in the eyes of customers, partners and investors.

This is an important factor that helps enterprises increase the ability to win bids, sign contracts and cooperate on large projects in the field of industrial construction.

🚀Affirming position in the market

Trademark becomes a distinct identification mark, helping enterprises stand out from competitors, affirming a sustainable brand in domestic and international markets.

🌱Creating a foundation for long-term development

A registered trademark can be:

• Transferred, licensed, or contributed as capital,
• Create commercial value and intangible assets for the enterprise.

This is an important basis to help enterprises expand their scale, call for investment, or develop franchise brand chains.

🛡️Limiting the risk of trademark disputes

Early trademark registration helps enterprises avoid being registered by competitors first, limiting legal risks, reputational damage and future dispute costs.

Procedures for protect trademark for the industrial construction sector in Vietnam

Step 1: Prepare trademark registration dossier

The dossier includes the following documents:

• Trademark registration declaration: Form No. 08 Appendix I Decree 65/2023/ND-CP (with detailed description of the trademark, transcription/translation if there are figurative or foreign language elements, classification of goods/services according to the Nice Agreement 12).
• 05 attached trademark samples: identical to the sample on the declaration, frame size 80mm x 80mm, not smaller than 8mm for each detail. If protecting color → the sample must show the correct color.
• Documents for payment of fees and charges.

In case of registration of collective trademark or certification trademark, it is necessary to supplement:

• Regulations on the use of collective/certification trademarks.
• Description of the product’s properties, characteristics/specific qualities (if any).
• Map of the geographical area (if the trademark certifies geographical origin or contains a place name).
• Approval document from the provincial/city People’s Committee allowing the use of a place name or a sign indicating geographical origin in the trademark.

Other documents (if any):

• Power of attorney (if the application is submitted through an industrial property representative service organization);
• Document confirming permission to use special signs (if the trademark requested for protection contains symbols, flags, badges of domestic and international agencies and organizations, etc.);
• Document proving the right to register, if the applicant enjoys that right from another person;
• Document proving the right of priority (if the application has a request for priority).

Step 2: Submit the trademark application

Pursuant to Articles 100, 101, 105 of the 2022 Law on Intellectual Property; Article 24 of Circular 23/2023/TT-BKHCN, applicants may choose one of two forms of submission:

Submit paper application

Submit directly or by post to the National Office of Intellectual Property or Representative Offices:

• Hanoi: 386 Nguyen Trai, Thanh Xuan.
• Ho Chi Minh City: 31 Han Thuyen, District 1.
• Da Nang: 3rd Floor, 135 Minh Mang, Ngu Hanh Son.

If sending by post, the fee/charge must be transferred via postal service and the Money Transfer Receipt must be included in the dossier.

Submit online

• Conditions: need to have a digital certificate, digital signature and an account approved by the National Office of Intellectual Property on the online application receiving system.
• Procedure: declare and submit the application on the system → receive the online document submission confirmation → within 01 month, go to a reception point to present the confirmation, submit accompanying documents (if any) and pay the fee/charge.
• If the dossier is complete, the application will be numbered; otherwise, the application will be rejected or canceled on the system.

Step 3: Formality examination

Pursuant to Article 109 of the Law on Intellectual Property 2022:

• The National Office of Intellectual Property checks the validity of the application (information, classification, fees/charges, trademark samples…).
• Time limit: 01 month from the date of application.
• If valid, the application will be accepted and published. If not, the applicant must amend/supplement as requested.

Step 4: Publish the trademark application

Pursuant to Article 110 of the Law on Intellectual Property 2022:

• Valid applications are published in the Industrial Property Gazette.
• Publication contents include: application information, trademark samples, list of goods/services.
• Time limit: 02 months from the date of acceptance of valid applications.

Step 5: Substantive examination

• The National Office of Intellectual Property assesses the trademark’s protection ability (distinctiveness, possibility of duplication/confusion with other trademarks, legality).
• Time limit: 09 months from the date of publication of the application, can be extended but not more than 12 months.

Step 6: Decide to grant or refuse to grant a protection certificate

Pursuant to Article 118 and Article 119 of the Law on Intellectual Property 2022:

• If the trademark meets the protection criteria, the National Office of Intellectual Property will issue a decision to grant a Certificate of Trademark Registration.
• If the criteria are not met, a notice of refusal will be issued, stating the reasons.

Step 7: Pay the fee and receive the Certificate of Trademark Registration

• The applicant pays the certificate issuance fee, publication fee and maintenance fee.
• The trademark registration certificate is valid for 10 years from the date of application and can be renewed multiple times, each time for 10 years.

Industrial construction sector classes when registering trademarks

Class 6 – Building materials of metal

• Common metals and their alloys
• Building materials of metal: steel, aluminum, corrugated iron, metal doors, beams, frames.
• Prefabricated houses, transportable buildings of metal.
• Metal pipes, metal accessories in construction.

Class 7 – Construction machinery and equipment

• Concrete mixers, stone crushers, pile drilling machines.
• Bulldozers, moving machines, cranes, industrial elevators.
• Lifting equipment and machinery used in the construction industry.

Class 19 – Non-metallic construction materials

• Cement, bricks, concrete, alabaster, tiles, sand, stone.
• Prefabricated houses, transportable buildings, not of metal.
• Non-metallic pipes, roofing, insulation materials.
• Tar, bitumen.

Class 37 – Construction services; installation and repair services

• Construction of civil and industrial works.
• Installation of electrical, water, air conditioning and fire protection systems.
• Construction repair and maintenance services.
• Construction of roads, bridges and industrial park infrastructure.

Class 42 – Scientific, technological, design and supervision services

• Architectural and industrial design consulting.
• Surveying, measuring, and construction project planning.
• Construction supervision consulting and technical analysis.
• Research and development services for new construction materials.

Class 35 – Commercial and management services in construction

• Advertising and marketing in the field of industrial construction.
• Construction project management, bidding consultancy.
• Distribution, agency, wholesale and retail services of construction materials.

Major brands in the industrial construction sector in Vietnam

Prestigious trademark registration service for industrial construction enterprises

In the context of increasingly fierce competition, trademark registration helps enterprises build industry, protect reputation, affirm brand and create advantages in the market. However, trademark registration procedures are quite complicated, requiring understanding of intellectual property law and administrative procedures.

Viet An Law – Professional trademark registration consulting and support agency

• Practical experience: With many years of consulting in the field of intellectual property, Viet An Law has accompanied thousands of enterprises, including industrial construction companies, from the search stage to the issuance of protection certificates.
• Full service: Support in searching for trademark registration possibilities, preparing documents, representing clients in submitting applications to the National Office of Intellectual Property, monitoring and handling notifications from state agencies.
• A team of highly specialized lawyers and legal experts: Helps enterprises save time and costs and minimize the risk of having their applications rejected.
• Prestige – security – efficiency: Viet An Law commits to information security and providing optimal solutions for each enterprise.

The above is all the information related to trademark protection for the industrial construction sector in Vietnam from Viet An Law. Customers who need legal advice, please get in touch with us for timely support.