Trademark registration for clothes hangers in Vietnam

Presently, clothes hangers are common products in every household. Accordingly, many brands of clothes hangers were born, resulting in low-quality and fake products appearing on the market. Trademark registration is more necessary than ever. So how are clothes hangers trademark registered? To answer clients’ questions, Viet An Law Firm offers an article on Trademark registration for clothes hangers in Vietnam below.

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 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.

Classification trademark registration for clothes hangers in Vietnam

When verifying a dossier of trademark registration, it is necessary to specifically identify the classes of goods bearing the trademark to determine the scope of protection. According to the Nice classification applied in Vietnam from January 1, 2024, clothes hangers belong to:

Class 06

Metal basket; Mesh; Metal hanger; Metal bag hanger; Metal clothes hangers; Metal hooks for clothes racks.

Class 35

Buying, selling, importing, and exporting clothes hangers.

Notable trademark for clothes hangers in Vietnam

Trademark “luoikemoc”

• Title holder: Hung Phat Furniture One Member Limited Liability Company
• Trademark name: luoikemoc, picture
• Application number: 4-2019-18050
• Application date: May 23, 2019
• Description: The trademark includes images and texts on a white background.
• The field of protection registration is in class 06: Metal baskets; Mesh; Metal hangers; Metal bag hangers; Metal clothes hangers; and metal hooks for clothes racks. (Total 06 goods)

Procedure for trademark registration for clothes hangers in Vietnam

To register a trademark for clothes hangers, you need to follow these steps:

Diagram of the trademark registration process in Vietnam

The specific content of each step when carrying trademark registration for clothes hangers in Vietnam through Industrial Property Representative – Viet An Law:

Step 1: Select the trademark and goods and services for the trademark

• Trademark selection: Choose a trademark model that meets the protection standards. The selected trademark is not similar to other registered trademarks, well-known trademarks, or trademarks that are descriptive signs that cannot be granted protection.
• Select classes of goods to register: You need to select a category of goods and services bearing the trademark according to the instructions above. Classifying of goods and services should be done according to the Nice classification applied in Vietnam.

Step 2: Trademark Research

To perform trademark research, clients only need to provide Viet An Law:

• Trademark sample;
• List of goods and services that need to be researched and registered.

Step 3: Submit trademark registration application

• After an in-depth search and the trademark is assessed as capable of registration, the applicant proceeds to submit the registration application.
• The National Office of Intellectual Property of Vietnam is where receives and processes documents and collects registration fees in Vietnam.

Step 4: 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 5: 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 6: Substantive examination of the application

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

Step 7: Fee payment for granting a Trademark Protection Certificate

According to Circular 236/2016/TT-BTC regulating industrial property fees and charges, fees and charges for granting trademark protection titles are regulated in detail, specifically:

• Granting fee: 120,000 VND for 01 trademark, 01 class of goods and services.
• Registration fee: 120,000 VND;
• Publication fee: 120,000 VND;
• If the registration application has many classes of goods and services when paying the licensing fee, it will increase by 100,000 VND/1 class.

Step 8: Issuance of the Trademark Registration Certificate

• After the trademark owner has paid the registration fee. The National Office of Intellectual Property will issue a trademark protection certificate within 2-3 months from the date of payment of the fee.
• Trademark registration time is about 12 – 18 months from the date of acceptance of a valid application.
• Trademarks are protected for 10 years from the filing date (priority date). Enterprises can renew their protection certificates with no limit on the number of extensions. As a result, the trademark will be an asset throughout the business and operations of the enterprise.

Application for trademark registration of clothes hangers in Vietnam

If clients use trademark registration services through Viet An Law

If you seek the services of Viet An Law Firm when registering a trademark, you only need to provide the following documents:

• Trademark sample;
• List of goods and services requiring trademark registration;
• Other relevant documents (if any);
• Sign the Power of Attorney according to the form of Viet An Law;
• Trademark registration application documents will be drafted by Viet An Law and the client’s representative will work with the National Office of Intellectual Property.

If clients file their trademark registration application

To carry out the trademark registration procedure, the applicant needs to prepare and complete the following documents:

First, declaration of trademark protection registration

Written declaration requesting the Issuance of the Certificate made according to form 08 of Decree 65/2023/ND-CP with (Number of 02 copies: 01 copy is kept by the National Office of Intellectual Property to carry out procedures, 01 remaining copy is stamped, affix the barcode and return it to the applicant).

Second, the trademark sample

Trademark sample submitted according to the application: The trademark sample must be presented with the size of each element in the trademark no larger than 80mm and no smaller than 8mm, the overall trademark must be presented in the trademark template with dimensions of 80mm x 80mm printed on the declaration.

Third, payment for fees and charges

Proof of application fee payment (01 copy).

Fourth, documents proving the right to use

• Documents proving the right to use/register a trademark containing special signs (names, symbols, flags, badges, of agencies, organizations, certification marks, inspection marks, warranty marks, names of objects, images, trade names, indications of origin, awards, medals, or characteristic symbols of products, signs falling within the scope of protection of someone else’s technological designs)
• Quantity: 01 copy

Fifth, other documents:

When a client registers a collective mark, the certification mark application requires the following documents:

• Regulations on the use of collective marks/certification marks.
• An explanation of the characteristic, nature, and quality of the product bearing the trademark (if the trademark is registered as a collective mark used for products with specific characteristics or as a certification mark of product quality or a mark certifying geographical origin).
• Map identifying the territory (if the registered trademark is a trademark certifying the geographical origin of the product).

Clients who need advice on trademark registration for clothes hangers in Vietnam, please contact Viet An Law Firm for the best support.