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Trademark application in Vietnam for sports fitness equipment

Presently, people now are paying more attention to the health of themselves and their family members. Sports fitness equipment has become popular. So do manufacturers of sports fitness equipment need to register a trademark when doing business? The article below will provide some information about trademark application in Vietnam for sports fitness equipment.

Trademark application in Vietnam for sports fitness equipment

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    Legal basis

    • Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.
    • Decree 65/2023/ND-CP has detailed several articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.
    • Circular 236/2016/TT-BTC regulates industrial property fees and charges.

    What is a trademark?

    Trademark as defined by the World Intellectual Property Organization (WIPO): a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

    According to the law, only “trademarks” are the subject of recognition and protection by competent state authorities through the issuance of protection titles, also known as trademark registration certificates, “trademark” is created through the process of building and developing a business, helping to affirm its competitiveness and value in the market.

    What is trademark registration?

    Trademark registration for a product is a procedure to establish trademark rights of products and goods produced by an enterprise to be granted a Trademark Registration Certificate. According to the International Classification of Trademarks, trademark registration for products is classified from class 01 to class 34.

    Classification Trademark application in Vietnam for sports fitness equipment

    According to the current Nice classification, sports fitness equipment can belong to the following classes:

    Class 28

    Outdoor and indoor sports fitness equipment; outdoor children’s toys; Sports equipment: football; basketball.

    Class 35

    Buying, selling, importing, and exporting sports equipment products.

    Notable trademark for sports fitness equipment in Vietnam

    Haruko trademark

    When talking about top-notch gym equipment trademarks, Haruko cannot be ignored. This is a trademark from Vietnam that has been familiar to many gym-goers recently. This also confirms the quality of products from this trademark.

    Haruko specializes in providing a variety of sports fitness equipment for many different parts such as treadmills, exercise bikes, gym machines for muscle groups, abdominal exercise machines, and many other exercise equipment. Currently, Haruko has 4 main showrooms in Hanoi and Ho Chi Minh City, Binh Duong, Dong Nai, and a technical team for delivery and installation in 63 provinces and cities nationwide. In addition, all product quality is carefully tested to meet quality standards before launching to customers.

    Spirit trademark

    Spirit is the first international sports equipment trademark from Europe, founded in 1983, to provide customers with the best quality sports equipment to help them achieve their goals in exercising and health training. This is also the goal that the Spirit trademark continues to aim for and develop on every device until now.

    Spirit is a company specializing in providing high-quality sports equipment that can be used in a long-term period in gym and home businesses.

    Life Fitness trademark

    Life Fitness is one of the world’s most famous manufacturers of high-quality fitness equipment. Founded in 1977, the company makes everything from racks, to cable machines, and cardio machines. Life Fitness positions its customers in the mid-range segment. The company’s products are mostly exercise bikes and treadmills. However, compared to high-end trademarks like Haruko, Life Fitness almost exclusively acquires trademarks. In Vietnam, Life Fitness exercise machines will be found in many gym centers.

    • Trademark of ATIS Investment Joint Stock Company
    • Registered trademark: ATIS
    • Trademark application number: 4-2022-32953
    • Trademark registration application filing date: August 12, 2022
    • Valid application acceptance date: November 25, 2022
    • Class of registered products and services:

    Class 28: Outdoor and indoor sports fitness equipment; outdoor children’s toys; sports equipment: football; basketball.

    Application for trademark registration for sports fitness equipment products

    To carry out trademark registration procedures, applicants need to prepare and complete the following documents:

    Document name Quantity
    Copy of fees and charges payment (in case of payment of fees and charges via postal service or direct payment to the National Office of Intellectual Property of Vietnam’s account). Originals: 0 – Copies: 1
    Power of attorney (if applying through a representative) Originals: 1 – Copies: 0
    Documents proving the right to registration if the applicant benefits from another person’s right to registration Originals: 1 – Copies: 0
    Declaration according to Form 08, Decree 65/2023/ND-CP Originals: 2 – Copies: 0
    Trademark samples (05 samples, size 80 x 80 mm) and list of goods and services bearing the trademark Originals: 1 – Copies: 0
    Documents proving priority rights, if claiming priority rights Originals: 1 – Copies: 0

    Procedures for trademark application in Vietnam for sports fitness equipment

    For a trademark to be granted a title of exclusive protection, the procedure for filing a trademark registration application is carried out through the following specific steps:

    Step 1: Receive application

    Applications can be submitted directly or sent through postal services to the National Office of Intellectual Property headquarters in Hanoi or 2 representative Offices of the Department in Ho Chi Minh City and Da Nang.

    Step 2: Formal examination of the application

    • The time limit for formal examination of a trademark application is one (01) month from the date of application submission.
    • The National Office of Intellectual Property will consider whether the application meets the requirements in terms of form, label sample, application owner, filing rights, grouping, etc.
    • If the business’s application meets the requirements. The National Office of Intellectual Property will issue a Notice of acceptance of the valid application and publish the application.
    • If the business’s registration application does not meet the requirements. The National Office of Intellectual Property will issue a Notice of refusal of the application and request the enterprise to make amendments. The application owner and representative of the application owner shall make amendments as requested. After that, submit the amended dispatch to the National Office of Intellectual Property and pay additional fees if the group is classified incorrectly.

    Step 3: Application publication

    • Time limit for publication of trademark application: 02 months from the date of Notice of Acceptance of valid application.
    • Published in the Industrial Property Official Gazette of the National Office of Intellectual Property.

    Step 4: Substantive examination of the application

    The time limit for substantive examination is 09 months from the date of publication of the application.

    Step 5: Decide to grant/refuse to grant a protection title:

    • If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property will issue a decision to refuse to grant a protection certificate;
    • If the subject matter stated in the application meets the protection requirements, and the applicant pays fees and charges in full and on time, the National Office of Intellectual Property will issue a decision to grant a protection certificate, recorded in the National Register of Trademarks and publication in the Industrial Property Official Gazette.

    Clients who need advice on procedures for trademark registration for sports fitness equipment, please contact Viet An Law Firm for the best support.

    Disclaimer: This article was last updated in October 2023. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.

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