Trademark registration in Vietnam for LED lighting

Nowadays, there are many types of light bulbs sold on the market, creating fierce competition in the market. As a result, many businesses choose to register trademarks for light bulb products to create a reputation and attract consumers. However, there are still many businesses that have not registered their trademarks. In the article below, Viet An Law Firm presents trademark registration in Vietnam for LED lighting products.

Legal basis

• Law on Intellectual Property in 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.

What is a trademark?

Trademark means any sign used to distinguish goods or services of different organizations or individuals. Signs eligible for being registered as trademarks must be visible ones in the form of letters, numerals, words, pictures, and images, including three-dimensional images or their combinations, presented in one or several given colors. Trademarks are often used to build reputations, and attract customers’ awareness and trust towards a specific brand. According to the legal definition of Cause 16, Article 4 of Intellectual Property Law defined: “Trademark means any sign used to distinguish goods or services of different organizations or individuals.”

Classification of trademark registration in Vietnam for LED lighting

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

• Class 11: LED lights, lighting equipment
• Class 35: Purchasing, importing and exporting LED lights

Trademark search for LED lighting products

Before applying to register trademark protection for a product, businesses should perform a trademark search for their products. Trademark search helps trademark applicant know whether their trademark is identical or similar to protected trademarks. At the same time, it helps to check whether the information on the issued Trademark Certificate is accurate with the data in the information system of the National Office of Intellectual Property to promptly make corrections.

• Preliminary search: Viet An Law will conduct a preliminary search for clients within 01 day from the date of being provided with the trademark sample.
• Search at the National Office of Intellectual Property through a representative of Viet An Law Firm: This search step will determine the highest protection ability of the trademark intended to be registered. The search procedure through a representative takes 1-3 working days.

LED lighting brands are preferable in Vietnam

Dien Quang Lamp Joint Stock Company

Dien Quang Lamp Joint Stock Company, with more than 40 years of establishment and development, is currently one of the leading enterprises in Vietnam and is reaching an international level in the field of lighting and electrical equipment.

Dien Quang’s products have been honored to receive many prestigious awards such as “the Vietnam Green Label” certificate from the Ministry of Natural Resources and Environment, and “the Vietnamese Energy Star” from the Ministry of Industry and Trade, continuously over the years. Recognized by the Vietnamese Government as a “National Brand”, CE certified by European safety standards, and voted by consumers as a “High-Quality Vietnamese Product”.

Rang Dong Light Source & Vacuum Flask Joint Stock Company

Rang Dong Light Source & Vacuum Flask Joint Stock Company has now become the leading manufacturer in Vietnam in producing light source products, lighting equipment, and vacuum flasks. The company is one of the few Vietnamese enterprises that systematically research and produce LED lights and is also a pioneer in innovation and creativity.

VINALED Joint Stock Company

VINALED Joint Stock Company was founded in 2011, operating in the field of manufacturing and trading LED lights. As one of the LED lighting companies with wide coverage across 63 provinces and cities nationwide, it is trusted and highly appreciated by investors and construction companies. The products that KingLed provides are extremely diverse, such as LED ceiling lights, LED tube lights, track lights, roads, factories, and walls.

Trademark registration:

• Trademark name “VINALED”.
• Application number: 4-2011-09616
• Application submission date: May 19, 2011
• Granting date: August 16, 2012
• Publication date: September 25, 2012
• Class 11: Lighting

Dossier of trademark registration in Vietnam for LED lighting

• 01 trademark sample (not smaller than 3×3 cm, not exceeding 8×8 cm);
• 01 copy of fee payment voucher;
• 02 declarations according to Form No. 08, Decree 65/2023/ND-CP;
• List of goods and services intended for trademark registration;
• Trademark registration declaration (in case the customer authorizes Viet An Law Firm, the declaration will be signed by the industrial property representative of Viet An Law);
• Power of Attorney for the representative of Viet An Law Firm to apply for trademark registration;

Trademark registration process for LED lighting products

If the trademark registration application does not meet all conditions, the National Office of Intellectual Property will issue a notice not to provide documents for the trademark registered by the enterprise. The enterprise reviews and sends a response document, summarizing the decision of the National Office of Intellectual Property, and at the same time provides the basis for providing a trademark protection document to the enterprise’s brand.

Step 1: Submit the registration at the Vietnam National Office of Intellectual Property and pay the registration fee

• Individuals and organizations can apply for trademark registration directly.
• Individuals and organizations can submit applications through the postal system to the headquarters of the National Office of Intellectual Property or the Representative Office of the National Office of Intellectual Property.
• Individuals and organizations can apply for trademark registration online: Applicants need to have a digital certificate and digital signature, register an account on the Online Application Receiving System, and the National Office of Intellectual Property will approve your account to perform industrial property rights registration transactions.

Step 2: Formality and substantive examination of the registration

From the date that it is received by the National Office of Intellectual Property, the trademark registration application is considered in the following order:

• Formality examination: 01 month
• Publication of application: within 02 months from the date the trademark registration has a decision accepting the valid application
• Substantive examination: no more than 09 months from the date of publication of the registration.

Step 3: Notify intention to grant/refuse to grant protection title

At the end of the substantive examination period, the National Office of Intellectual Property issues a notice of intention to grant or refuse to provide a trademark protection title and clearly states the reasons.

Step 4: Pay the fee for the trademark registration certificate

After notification of intention to issue a trademark, the applicant pays the fee for providing a trademark certificate. The National Office of Intellectual Property issues and announces the Trademark Registration Certificate to the owner within 01-02 months from the date of payment for providing the Trademark Registration Certificate.

Trademark registration in Vietnam service of Viet An Law

• Legal advice on procedures and conditions for trademark registration for LED lighting products.
• Preliminary research and consulting on the possibility of registering for LED lighting trademark protection of customers;
• Drafting trademark protection documents;
• Submit documents and monitor the registration and examination process at the National Office of Intellectual Property;
• Representing customers throughout the entire process of establishing rights and responding to official correspondence with the National Office of Intellectual Property on trademark protection;
• Exchange and provide information to clients during the trademark protection registration process.

For all information related to trademark registration for cosmetic products, please contact Viet An Luat for more specific and detailed instructions.