Trademark for Electroplated & Metal Treatment Services in Vietnam

Is your superior metal finishing quality protected, or can rivals mirror your electroplating trademark and brand identity? As competition in mechanical processing intensifies, securing legal rights for your brand is the only way to prevent unauthorized copying. Protecting your electroplating and metal treatment services ensures your reputation for durability and aesthetics remains exclusive. In this guide, Viet An Law details the essential steps for Class 40 trademark registration in Vietnam, including required documentation and key updates under the Law on Intellectual Property.

Why is trademark registration for electroplated products in Vietnam important?

For enterprises operating in the electroplating industry, including services such as:

• Zinc plating, nickel plating, chrome plating, gold plating, silver plating;
• Decorative plating, anti-corrosion plating, machinery component restoration plating;
• Provision of electroplating services for the automotive, motorcycle, mechanical, and electronics industries;

Trademark registration provides the following benefits:

• Protection of product names and logos: Prevents competitors from using identical or confusingly similar names that may mislead customers.
• Enhanced credibility with industrial clients: Many supply chains require clear intellectual property ownership.
• Prevention of counterfeiting and imitation: Particularly important where plating quality directly affects product safety and service life.
• Facilitated brand expansion: Enables licensing, OEM/ODM contracts, and expansion into plated component manufacturing.

Applicable trademark classes for electroplated products (Nice Classification)

When registering a trademark, enterprises must classify goods according to the Nice Classification. For electroplated products, the following classes are commonly applied:

Class 06 – Common metals and alloys

Including common metals and their alloys; ores; metal materials for construction and architecture; transportable buildings of metal; non-electric metal cables and wires; small metal hardware items; metal containers for storage or transport; safes.
This class mainly covers raw and semi-finished common metals, including ores and metal-based goods.

Class 07 – Machinery and mechanical equipment

Including machines, machine tools, power-operated tools; engines and motors (excluding land vehicle engines); machine coupling and transmission components; agricultural implements (excluding hand-operated tools); incubators; vending machines.
This class primarily covers machinery, machine tools, engines, and mechanical equipment.

Dossier for trademark for electroplating & metal treatment services in Vietnam

Pursuant to Decree No. 65/2023/NĐ-CP, the trademark registration dossier includes:

• 02 trademark application forms (Form No. 08, Appendix I);
• 05 trademark specimens (80 mm x 80 mm);
• 01 Power of Attorney, if filing through a representative;
• Documents evidencing priority rights, if priority is claimed.

Additional documents for special types of trademarks

Collective trademark

• Regulations on the use of the collective trademark.

Certification trademark

• Regulations on the use of the certification trademark;
• A description of the specific characteristics and quality of the electroplated products bearing the trademark;
• A geographical map (if the trademark certifies geographical origin or contains geographical indications);
• Written approval from the Provincial People’s Committee (if the trademark contains geographical names or indications of local origin).

Procedure of trademark for electroplating & metal treatment services in Vietnam

Step 1: Filing the trademark application

Organizations and individuals submit one complete trademark application dossier to the National Office of Intellectual Property Vietnam (NONOIP Vietnam).

Step 2: Formal examination

• Examination period: 01 month from the filing date.
• NOIP Vietnam examines the formal validity of the application.

Outcomes:

• Valid application: Decision on acceptance is issued.
• Invalid application: Notice of intended refusal is issued, granting 02 months for amendment or response. The examination period may be extended by 10 days if amendments are requested.

Step 3: Publication of the application

Once accepted, the application is published in the Industrial Property Gazette, allowing third parties to submit oppositions if any.

Step 4: Substantive examination

NOIP Vietnam evaluates the trademark’s protectability in accordance with the Law on Intellectual Property, determining the scope and conditions of legal protection.

Step 5: Decision on grant or refusal of the trademark registration certificate

Intended Refusal

• Applicant has 03 months to respond.
• Failure to respond or insufficient justification results in refusal within 15 days.

Intended Grant

• Applicant must pay:
  • Trademark certificate issuance fee;
  • Publication fee;
  • Registration fee.
• Failure to pay within the prescribed time leads to refusal.

Partial Protection

• NOIP Vietnam may grant protection for eligible elements only, subject to applicant response and fee payment.

Step 6: Publication and Registration

After issuance, NOIP Vietnam will:

• Publish the trademark in the Industrial Property Gazette within 60 days;
• Record the trademark in the National Register of Industrial Property, completing legal protection.

Official fees of trademark for electroplating & metal treatment services in Vietnam

Pursuant to Circular No. 263/2016/TT-BTC and Article 3 of Circular No. 63/2023/TT-BTC (effective from 01/01/2024 to 31/12/2025):

• Application filing fee: VND 75,000 per application;
• Trademark certificate issuance fee: VND 60,000 per class, additional VND 50,000 per extra class;
• Substantive examination fee: VND 550,000 for up to 06 goods/services per class; additional VND 120,000 per item from the 7th onward;
• Trademark search fee: VND 100,000 per class (up to 06 items); VND 20,000 per additional item;
• Priority right examination fee (if applicable): VND 600,000 per request;
• Application publication fee: VND 120,000.

Practical notes for trademark for electroplating & metal treatment services in Vietnam

• Avoid descriptive terms such as “Durable Plating”, “Super Gloss Plating”, “Electroplating Quality”.
• Avoid trademarks containing common metal names or symbols (Zn, Ni, Cr), as they may lack distinctiveness.
• Design a unique logo combined with word elements for stronger protection.
• File early: Vietnam applies the first-to-file principle.

In conclusion, secure your technical edge and brand reputation before a competitor claims your market space. Should you require specific legal consultation regarding an electroplating trademark, metal finishing services, or Class 40 trademark registration for electroplated products, please feel free to contact Viet An Law for prompt and professional assistance.