Trademark registration for camera products in Viet Nam

A camera is a device that helps people save moments in life, studying and playing. Currently there are many types of cameras such as mechanical cameras, digital cameras, mini cameras … for consumers to choose. Therefore, businesses dealing in this type of product must have proprietary brands in order to be competitive in the market. Besides, well-known brands around the world such as Canon, Sony, Sam sung, etc., other businesses need to register their camera brands with the state management authority of industrial property rights to be absolutely protected.

Viet An Law Firm would like to instruct customers better understand the procedure for registering a camera brand and the notes when carrying out the procedure as follows:

We must first classify the product intended to be branded according to the classification of goods and services registered with the Nice trademark to determine the protection of the trademark. Accordingly, camera products are classified in group 09: Photography equipment.

Customers design and send to Viet An Law Firm a sample of the trademark to be registered, Viet An Law Firm will support customers to look for a free preliminary trademark within about 1-2 working days from the date of receipt trademark template.

The order of and procedures for registering trademarks for camera products are conducted as follows:

Step 1: Apply for trademark registration

Individuals and organizations wishing to register a trademark may apply for registration of a trademark at a competent State agency by themselves or by authorization through a representative of Viet An Law Firm. At the same time, when applying for registration, customers pay trademark registration fee and get documents of payment of trademark registration fee to submit with the dossier.

Enclosed with the application for trademark registration, customers need to provide the following documents:

• List of camera products intended to be registered;
• Trademark registration declaration;
• Authorize Viet An Law Firm to apply for trademark registration;
• 01 trademark sample (not smaller than 3 × 3 cm, not exceeding 8 × 8 cm);
• Documents of payment of trademark registration fee.

Step 2: Receive and process trademark applications

Trademark registration applications shall be received by the state management agency in charge of industrial property rights if there are sufficient information and documents as prescribed in Clause 1, Article 108 of the 2005 Intellectual Property Law.

After receiving trademark registration applications, state management agencies shall handle trademark registration applications through the following stages:

Stage 1: Examining the form of trademark registration applications:

The trademark registration application is examined in form to assess the validity of the application, including: necessary papers; subheadings; classify the object stated in the application; the right to apply;…..If the application is valid, the State administrative office of intellectual property rights shall issue a notice of acceptance of the valid application or carry out the procedures for granting protection titles and record in the National register of industrial property. If the application falls into one of the cases specified in Clause 2, Article 109 of the Law on Intellectual Property, the state administrative authority of industrial property rights shall issue a notice of refusal, clearly state the reason.

Time for formality examination is 01 – 02 months from the date of filing the application.

Stage 2: Publish the trademark application

Trademark registration applications already accepted by the State administrative authority of industrial property rights are published in the Industrial Property Official Gazette within 2-3 months from the date the applications are accepted as valid applications.

During the substantive examination of an application, the state administrative authority of industrial property rights may request the applicant to explain the contents of the application and provide information within the nature of the object stated in the application. .

Step 3: Issuance of protection title and registration

Trademark registration applications that do not fall into the cases of refusal to grant protection titles prescribed in Clause 1, Clause 2 and Point b, Clause 3, Article 117 of the Intellectual Property Law and if the applicant pays fees, State management agencies in charge of industrial property rights shall decide to grant protection titles and record and national register of industrial property.

Time for granting degrees is 01-02 months from the date of paying fee for granting diploma.

Note: The term of protection of a trademark is 10 years from the date of filing of the application and be extended unlimited number of times when the term of protection ends.

Viet An Law Firm provides legal services related to trademark registration as follows:

– Legal consultancy on procedures and conditions for trademark registration;

– Consulting feasibility when registering trademarks;

– Preliminary lookup the possibility of trademark registration;

– Look up trademarks at the National Office of Intellectual Property – independent costs;

– Representing trademark registration for customers in the process of trademark        registration;

– Drafting trademark registration documents;

– Filing and monitoring the registration process, the application examination at the National Office of Intellectual Property;

– Representing customers in the entire process of establishing rights and responding to correspondence with the NOIP on trademark registration