Vietnam is one of the biggest shoes manufacturers and shoes exporters in the world. For that reason, Vietnamese enterprises not only have to compete with domestic enterprises and also foreign enterprises when Vietnam joins in Free Trade Agreements. Therefore, a trademark registration for sport shoes is extremely necessary to protect the rights of owners.
Legal basis in Vietnam
Law on Intellectual Property 2005, Consolidated Document No.07/VBHN-VPQH 2019 Law on Intellectual Property;
Decree No.103/2006/ND-CP detailing and guiding the implementation of a number or articles of the law on Intellectual Property regarding industrial property;
The Nice Classification verson 11-2021 – International Goods and Services Classification. Sport shoes are classified in class 25 of the classification/
Conditions for sport shoes trademark registration in Vietnam
According to Article 72 Law on Intellectual Property, a trademark is protected if that trademark meets these requirements:
Is a visible sign in the form of letters, words, figures, pictures, including holograms or a combination of those elements, expressed in one or more colors;
Being able to distinguish goods and services of the trademark owner from those of other owners.
Registering sport shoes trademarks right in Vietnam
According to Article 87 Law on Intellectual Property, these parties have the right to register sport shoes trademarks:
Organizations and individuals may register trademarks to be used for sport shoes they produce;
Organizations and individuals that conduct lawful commercial activities may register trademarks for sport shoes they are marketing but produced by others, provided that the producers neither use that trademarks for sport shoes nor object to registration;
Lawfully established collective organizations may register collective trademarks to be used by their members under regulations on use of collective marks;
Organizations with the function of controlling and certifying the quality, properties, origin or other relevant criteria of sport shoes may register certification trademarks, provided that they are not engaged in the production or trading of sport shoes;
Co-owner of sport shoes trademarks.
Search for trademark in Vietnam
This is a completely voluntary procedure for the applicant. However, this procedure should be carried out because it is the first and important step to assess preliminarily a trademark. On the contrast, this search is for reference only and it is not a basis for granting or not granting protection title.
Preliminary search: Viet An Law will conduct a preliminary search for customers within 01 day from the date of receiving the trademark sample.
Unofficial search at the Intellectual Property office: will assess the highest chance to protect the trademark.
Necessary documents for the search: 03 trademark samples, with dimension not less than 3 x 3 cm, not bigger than 8 x 8 cm.
A dossier for sport shoes trademark registration in Vietnam
A trademark registration declaration (form 04-NH specified in Appendix A TT 01/2007/TT-BKHCN);
Trademark samples (9 samples, with dimension not bigger than 80 x 80 mm);
A copy of document certifying the right to submit sport shoes trademark registration application (if any);
A copy of legal documents confirming business right, business registration certificate or business license;
A power of attorney (if customers authorize other organizations or individuals to submit the dossier);
Receipts of fee payment.
Procedures for sport shoes trademark registration in Vietnam
Step 1: Submit the dossier for sport shoes trademark registration at the Intellectual Property office, can be submit directly or by host.
Step 2: Form appraisal of the application.
Step 3: After having the notice to accept the application, application will be published on the Intellectual Property office’s gazette.
Step 4: Content appraisal whether the application meets the requirements or not.
Step 5: The Intellectual Property office will notice to grant the protection title or refuse to grant.
However, Viet An Law would like to help customers to prepare the documents through registering trademark service of Viet An Law.
Duration to grant a protection title in Vietnam
02 – 03 months from the date of paying granting a protection title fee.
After having notice to grant a protection title, enterprises will pay the granting fee and receive the protection title.
Currently, it takes 15 – 18 months to process a dossier from the date of submitting to the date of granting a protection title or refusing to grant.
Duration of trademark protection in Vietnam
A trademark is protected within 10 years from the date of submitting dossier to protect. It can be extended without limitation at the end of the protection term. Therefore, the enterprises owning the trademark will have accompanying asset during the operation of the enterprises if it always be extended in accordance with the provisions after 10 years of expiration.
Services of Viet An Law on sport shoes trademark registration:
Advices on the plan to amend the intended trademark to increase the chances of successful registration;
Preliminary search and give advices on the possibility of a trademark registration protection;
Draft trademark protection documents and submit at the Intellectual Property office;
Track the trademark protection process at the Intellectual Property office;
Represent for customers in the whole process of establishing and responding to the Intecllectual Property office about protecting the trademark;
Discuss, provide informations for customers in the process protection of a trademark registration.