Tablecloth Products Trademarks Registration in Vietnam

One of the decorations associated with tables, chairs, and furniture is the tablecloth. Tablecloths are widely used. In addition to the feature of preventing table surfaces from dirt and scratches, the tablecloth is also a decoration in the house. Currently, on the market, there are thousands of tablecloths for sale with thousands of different designs and colors. Therefore, to protect the products and avoid the duplication of the trademark, business establishment of this type of product shall carry out the trademark registration in Vietnam procedures for tablecloth products at the state management agencies of industrial property rights.

         Viet An Law would like to guide customers who are interested in procedures for tablecloth products trademark registration as follow:

         Firstly, we need to classify services/goods according to the Nice International Classification. Accordingly, tablecloth products are classified in class 24: tablecloths and bed linen.

         Customers shall design a trademark sample for their tablecloth products to register. Viet An Law will conduct a preliminary search of the trademark sample which customers provided within 01 – 02 days from the date of receiving the trademark sample.

         Process, procedures for tablecloth products trademark registration shall be carried out as follow:

Step 1: Submit the trademark registration application

         Individuals, organizations who demand trademark registration, can directly submit the trademark registration application at the state management agencies. They also can authorize through the representative of Viet An Law to submit. At the same time, when submitting the trademark registration application, customers shall pay the trademark registration fee and take the receipts of the trademark registration fee to submit with the dossier.

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

• A list of tablecloth products intended to register;
• A trademark registration declaration;
• A power of attorney Viet An Law to apply;
• 01 trademark sample with dimensions not smaller than 3 x 3 cm, not bigger than 8 x 8 cm);
• Receipts of fee payment.

Step 2: Receive and process the trademark registration application

         The trademark registration application shall be received by the state management agencies of industrial property rights if the application meets the provisions prescribed in Clause 1 Article 108 Law on Intellectual Property 2005.

         After receiving the application, the agencies shall process the application through these stages:

Stage 1: Form appraisal

         The form of the trademark registration application is appraised to evaluate the validity of the application including necessary documents; group classification; stated objects classification; rights to submit;… If the application is valid, the agencies shall issue a notice to accept the application and perform procedures for granting a protection title; published on the National Register of Industrial Property. If the application is one of the prescribed cases in Clause 2 Article 109 Law on Intellectual Property, the agencies shall issue a notice to refuse, this notice clearly states reasons.

         Time to appraise form: 01 months from the date of submitting.

Stage 2: Publish the trademark registration application

         The trademark registration application, which is accepted as a valid application by the state management agencies, will be published on the gazette within 02 months from the date of acceptance.

Stage 3: Content appraisal 

         The valid application will be published and appraised content at the same time. The purpose of the content appraisal is to evaluate the possibility of protection title granting for stated objects in the application. This also helps to determine the scope of protection. The time to appraise content is 06 months from the date of application publishment. During the content appraisal, the state management agencies of industrial property rights may request the applicant for explaining the application content, providing the nature of stated objects information.

Step 3: Grant the protection title and publish

         The trademark registration application is not one of the granting a protection title refusal cases which are prescribed in Clause 1, Clause 2, Clause 3 Article 117 Law on Intellectual Property; the applicant pays the fee, the state management agencies of industrial property rights decide to grant the protection title and publish it on the National Register of Industrial Property.

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

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

Viet An Law – Vietnam Intellectual Property Agent provides legal services relating to trademark registration

• Advice on procedures and conditions for trademark registration;
• Advice on the possibility of trademark registration;
• Conduct a preliminary search about trademark registration;
• Search for a trademark at the Intellectual Property office;
• Draft the trademark registration dossier;
• Submit the dossier and monitor the registering, appraisal process at the Intellectual Property office;

Represent for customers in the whole process and discuss with the Intellectual Property office about trademark registration.