Trademark registration in Vietnam for ceramic tile products

Presently, the Vietnamese ceramic tile market is very diverse in types, designs, and brands from domestic and foreign manufacturers. This leads to many low-quality and fake products appearing. As a result, trademark registration has become more necessary than ever. So how is trademark registration of ceramic tile products done? In the article below, Viet An Law Firm will answer questions on trademark registration in Vietnam for ceramic tile products.

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 for ceramic tile products?

Trademark registration for products and goods is a procedure that individuals and organizations need to carry out to establish trademark rights for products and goods. The form of recognition of rights to a trademark is a Trademark Registration Certificate.

Trademark registration for ceramic tile products in Vietnam is a procedure to establish rights for a ceramic tile trademark produced by an enterprise to be granted a Trademark Registration Certificate.

Notable trademark for ceramic tile products in Vietnam

Viglacera tiles

Viglacera ceramic tile products are highly appreciated for their design and quality according to international standards. Not only present in key national projects but also in many housing projects.

Dong Tam tiles

After nearly 50 years of production and business activities, the Dong Tam trademark has affirmed its position in the domestic and international markets. With the advantage of good quality, beautiful, and diverse designs, Dong Tam ceramic tiles are being used by many families for apartment design.

Hoang Ha tiles

This is a familiar name pioneering in the field of supplying ceramic tiles to the whole country. Hoang Ha ceramic tiles are produced from well-known clay materials in Quang Ninh province, ensuring aesthetics, longevity, and color fastness. Diverse designs and prices for consumers to choose from.

PRIME tiles

PRIME is one of the leading corporations providing products and services in the field of construction materials. PRIME tiles are products that apply outstanding advanced technology and are designed with the latest trends.

Trademark registration for PRIME ceramic tiles products in Vietnam

Title holder: PRIME Class Joint Stock Company

Application number: 4-2015-26801

Application date: September 30, 2015

Degree issuance date: April 4, 2018

Trademark: PRIME Tiptop

Goods/service classification (Nice): Class 19: Tiles.

Classification trademark registration for ceramic tile products 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, ceramic tile products belong to:

Class 19

Ceramic tiles and bricks are used for construction.

Class 35

Buying, selling, importing, exporting, and trading ceramic tile products

Research for ceramic tile trademarks

After successful classifying, the applicant should conduct a trademark search before submitting the official registration application. Searching for a trademark before applying is not a mandatory procedure, but this is considered a crucial step in the trademark registration process to evaluate the possibility of trademark protection. This research is based on many factors of the trademark, the most important of which is the trademark sample and the list of goods and services associated with that trademark.

A dossier of trademark registration for ceramic tile products in Vietnam

After determining the registrability of the trademark, the application owners can proceed on their own or through industrial property representative organizations to carry out trademark registration procedures at the National Office of Intellectual Property- Ministry of Science and Technology.

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

• Trademark registration declaration according to the prescribed form;
• Power of Attorney for Viet An Law Firm – Intellectual Property Representative;
• 01 trademark sample (not smaller than 3x3cm, not exceeding 8x8cm);
• List of goods and services intended for trademark registration;
• Document of payment of trademark registration fee.
• Other documents (if necessary).

Note:

In case of registering a collective mark or certification mark, clients need to provide the following documents:

• Regulations on the use of collective marks/certification marks;
• An explanation of the characteristic, nature, and quality of the goods bearing the mark (if the mark is registered as a collective mark used for products with specific characteristics or as a certification mark for goods 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).

General conditions for marks to be eligible for protection

According to Article 72, Intellectual Property Law in 2005, amended and supplemented in 2022, a trademark shall be eligible for protection when it satisfies the following conditions:

• It is a visible sign in the form of letters, words, drawings, or images including holograms, or a combination thereof, represented in one or more colors.
• It is capable of distinguishing the goods or services of the mark owner from those of other subjects.

Procedure of trademark registration for ceramic tile products

To register, applicants need to follow these steps:

Step 1: Submit a trademark application

• Individuals and organizations wishing to register a trademark can file a trademark registration application themselves at the National Office of Intellectual Property or can submit it indirectly through the trademark registration representative service of Viet An Law;
• After submitting a trademark registration application at the National Office of Intellectual Property, the National Office of Intellectual Property will stamp the application receipt, including the date, month, year of receipt of the application, and application number for tracking;
• Monitor the application and wait for a response from the National Office of Intellectual Property.

Step 2: Receive application form

Check the compliance with the regulations on the form for the application, thereby concluding whether the application is considered valid or not.

• In case the registration application is valid, the state management authority in charge of Intellectual Property rights will issue a notice accepting the valid application or carry out procedures for granting a protection title and recording it in the National Register of Industrial Property;
• In case the registration application is invalid, the state management authority in charge of industrial property rights will issue a refusal notice clearly stating the reason.

Time for formal examination: one (01) month from the date of application submission.

Step 3: The registration application publication

• After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette;
• Time for the application publication: 2 months from the date the application is accepted as valid;
• Form of publication: Website of the National Office of Intellectual Property and Industrial Property Official Gazette.

Step 4: Substantive examination of the application

• Examining the application to evaluate the ability to grant protection titles to the objects stated in the application according to the protection conditions, thereby determining the corresponding scope of protection;
• Time for substantive examination: 12 months from the date of application submission.

Step 5: Fee payment for granting a protection certificate

According to Circular 236/2016/TT-BTC, 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 6: Fee payment for granting a Trademark Registration Certificate

• After receiving notice of intention to grant a protection title, the applicant shall proceed to pay the granting fee.
• After the trademark owner has paid the registration fee. The National Office of Intellectual Property will issue a trademark protection certificate within a period of 2-3 months from the date of payment of the fee.
• Trademark protection period: 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.

Some related questions

How long does it take for trademark registration in Vietnam?

• After the trademark owner has paid the licensing fee. The National Office of Intellectual Property will issue a trademark protection certificate within a period of 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.

How long does it take to protect a ceramic tile trademark?

Tile trademarks are protected for 10 years from the date of application (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.

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