Trademark registration in Vietnam for house wall paint products

House wall paint is an indispensable and important material in the construction industry. Choosing good paint products for current projects is becoming more difficult when fake and poor-quality paint products are appearing on the market. Therefore, trademark registration in Vietnam for house wall paint products is a necessary activity to avoid the situation where your trademark is illegally used by other entities.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022;
• Decree 65/2023/ND-CP provides detailed regulations on industrial property, protection of industrial property rights, and management of plant varieties;
• Circular 263/2016/TT-BTC regulates industrial property fees and charges.

What is trademark registration in Vietnam?

Registering trademarks 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.

What is trademark registration for house wall paint?

Registering a house wall paint trademark is a procedure to establish rights for a wall paint trademark produced by an enterprise in order to be granted a Trademark Registration Certificate.

Classification of trademark registration for house wall paint

Based on the latest version of the Nice International Classification of Goods and Services, wall paint trademarks can be registered for the following class of goods/services:

Class 2

Wall paint, art paint.

Class 35

Purchasing, selling, importing, exporting, and trading wall paint products.

Prestigious house wall paint trademarks in Vietnam

Dulux paint

When talking about water-based paint, it is impossible not to mention the name Dulux – a paint company originating from the Netherlands. It is no coincidence that Dulux is at the top of the list of the best house paints today. Dulux paint company is the first paint product, pioneering in quality in the paint industry.

Dulux paint has the great advantage of being extremely moisture resistant, resistant to cracking and peeling; has the ability to prevent bacteria and mold; Has good coverage, alkalizing and dust-proof properties, giving a good impression to users.

KOVA paint

This is a paint company from Vietnam, founded and developed by a Vietnamese person. Kova’s products are completely water-based. Paint components do not use lead, or mercury and do not contain substances toxic to the environment and humans.

This paint company has the advantage of being diverse in colors (with more than 1,000 colors) and types (gloss, semi-gloss, non-gloss, …)

Nippon paint

Nippon Paint is a paint trademark that is considered popular. Coming from the industrial land of the rising sun, a country affected by natural disasters, quality is always the top priority for manufacturers. However, this does not mean that this paint line has a high price; on the contrary, this paint trademark is very popular thanks to its affordable prices.

Nippon paint has great advantages such as high elasticity, anti-carbonization properties; weather resistance; Good waterproof, mold-resistant, and high alkali resistance; …

Registered trademark for Nippon paint products in Vietnam

Applicant: NIPPON PAINT Limited Liability Company (Vietnam)

Application number: 4-1996-29910

Application date: July 24, 1996

Degree grant date: August 10, 1998

Trademark: N NIPPON PAINT

Good/service classification (Nice): Class 2: Wall paint.

Research the house wall paint trademark

Searching for a trademark before filing an application is not a mandatory procedure, but this is considered an important step in trademark registration to evaluate the possibility of trademark protection.

Conditions for registering a house wall paint trademark

According to the provisions of Article 72 of the Intellectual Property Law 2005, amended and supplemented in 2022, a trademark that wants to register for protection must satisfy the following conditions:

• A visible sign in the form of letters, words, drawings, or images, including three-dimensional images or a combination of such elements, represented by one or more colors or audio signs representing be in graphic form;
• Able to distinguish the trademark owner’s goods and services from those of other entities.

Procedures for registering trademarks for house wall paint products

To register, applicants need to follow these steps:

Step 1: Submit a trademark application

• Individuals and organizations wishing to register a trademark can submit 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, stating the date, month, year of receipt of the application, and application number for tracking;
• Monitor the application and wait for a response from the Intellectual Property Office.

Step 2: Receive application form

Check the compliance with the regulations on the form for the application, thereby drawing a conclusion whether the application is considered valid or not. In case the registration application is invalid, the state management agency in charge of industrial property rights will issue a refusal notice clearly stating the reason.

The duration for the formality examination is 01 month from the date of application submission.

Step 3: Announce the registration application

• After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette;
• Application announcement time is 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: Substantial examination of the application

• Application appraisal aims to evaluate the ability to grant protection titles to the subjects stated in the application according to the protection conditions, thereby determining the corresponding scope of protection;
• Time for substantial examination is 12 months from the date of application submission

Step 5: Pay the fee for granting a protection certificate

Pursuant to Circular 263/2016/TT-BTC regulating industrial property fees and charges, which 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: Grant the Trademark Registration Certificate

• 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;
• 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. Therefore, the trademark will be an asset throughout the business and operations of the enterprise.

Application for registration of a trademark for house wall paint products

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 IP Representative such as Viet An Law;
• 01 trademark sample (not smaller than 3x3cm, not exceeding 8x8cm);
• List of goods and services intended for trademark registration;
• Proof 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 (or specific) nature and quality of the product bearing the mark (if the mark is registered as a collective mark used for products with specific characteristics or as a quality certification mark 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 in Vietnam for house wall paint products, please contact Viet An Law Firm for the best support.