Industrial design means the outward appearance of a product embodied in three-dimensional configuration, lines, colors, or a combination of such elements.
International Classification of Industrial Designs
According to the International Classification of Industrial Designs ( Edition under the Locarno Agreement), machines not elsewhere classified are in class 15 can be protected including:
Including non-electric engines for vehicles.
Not including electric motors (Class 13).
15-02: Pumps and compressors
Not including hand or foot pumps (Class 8-05) or fire extinguishing pumps (Class 29-01).
15-03: Agricultural machinery
Including ploughs and combined machinery, that is, both machines and vehicles, for example, reaping and binding machines.
Not including hand tools (Class 8).
15-04: Construction machinery
Including machines used in civil engineering and self-propelled machines such as excavators, concrete mixers, and dredgers.
Not including hoists and cranes (Class 12-05).
15-05: Washing, cleaning, and drying machines
Including appliances and machines for treating listen and clothes; such as ironing machines and wringers.
Including dishwashing machines and industrial drying equipment.
15-06: Textile, sewing, knitting, and embroidering machines, including their integral parts
15-07: Refrigeration machinery and apparatus.
Including household refrigeration apparatus.
Not including refrigerator wagons (rail) (Class 12-03) or refrigerator vans (road) (Class 12-08).
15-09: Machine tools, abrading and founding machinery
Not Including earth working machinery and material separators (Class 15-99).
Machine industrial design registration dossier
02 industrial design registration declarations, typed according to form No.03-KDCN Appendix A of Circular No.01/2007/TT-BKHCN;
01 industrial design description; (the industrial design description must meet the requirements of Point 33.5 of the Circular No.01/2007/TT-BKHCN; the industrial design description must include the following information: industrial design name; field of industrial design use; the closet similar industrial design; list of photos or drawings; a detailed description of the industrial design; request for protection of industrial designs);
04 sets of industrial design photos/drawings;
Receipts off fee payments;
A power of attorney (if the industrial design application is submitted through an industrial property representation service organization);
An assignment certificate of the right to submit an application (if any);
Documents confirming the right to register (in case of being transferred from someone else);
Documents proving the priority right (if the industrial design application has a request for priority right).
Order and procedure for machine industrial design registration
Method of submitting: industrial design registration application can be either submitted directly or online:
Submit directly: Applicant may submit an industrial design registration application directly or via postal service to one of the Intellectual Property Office’s applications receiving places, specifically:
The National Office of Intellectual Property, address: 386 Nguyen Trai Street, Thanh Xuan District, Hanoi city;
Representative office of the National Office of Intellectual Property 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 of Intellectual Property in Da Nang, address: 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang city.
Online submission: Applicant needs a digital certificate and digital signature. The applicant also needs to register an account on the Online Application Receiving System and have an account approved by the National Office of Intellectual Property to perform registration transactions for industrial property rights.
From the date of receipt by the Intellectual Property, the industrial design registration application shall be considered in the following order:
Form appraisal: 01 months.
Publish the application: within 02 months from the date of acceptance as a valid industrial design registration application.
Content appraisal: not later than 07 months, from the date of publication.
Time to grant a protection title: 02 – 03 months from the date of paying a granting fee. After having to grant a protection title decision, the owner or the applicant’s representative pays the granting fee and receives the industrial design registration certificate.
Viet An Law’s services in the field of machine industrial design registration in Vietnam and abroad
Consult, evaluate usability, register for industrial design protection in Vietnam and abroad;
Complete the protection title dossier (translate documents, write a description of industrial design, request protection, prepare drawings, make declarations, represent for customers in the submission process, request for extension of an industrial design protection title in Vietnam and abroad;
Research and evaluate the strongest possibility of infringement of protected industrial design rights;
Execute the protected industrial design rights: investigate, monitor, negotiate/meditate, take legal action to the court or request other competent authorities to handle infringement in Vietnam and abroad;
Negotiate, draft, appraise and register contracts the right to use or own industrial design transfer in Vietnam and abroad.