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Trademark registration in Vietnam for plastic pipework products

With anti-corrosion properties and suitable for use in industrial parks, high-rise buildings, offices, hotels, hospitals, and many other applications, plastic pipework products are commonly used in the electricity and water industry because of the features it brings. Each different brand of plastic pipe will have its special features. Therefore, businesses also need to pay attention to protect their brands and reputation when doing business. To solve customers’ problems and questions, in the article below, Viet An Law Firm will present issues related to trademark registration of plastic pipework products in Vietnam.

trademark registration in Vietnam

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.
  • Decision 3675/QD-BKHCN on announcing amended and supplemented administrative procedures in the field of intellectual property within the scope of management functions of the Ministry of Science and Technology.

What is plastic pipework?

“Plastic pipework” is a term that describes products made from plastic, a type of polymer material. There are many types of plastic pipeworks used for different purposes in various fields. Plastic water pipeworks are often used in water supply and drainage systems in construction, in electrical systems to protect and shape electrical wires, or in the chemical and agricultural industries to absorb and discharge liquids.

Classification  trademark registration in Vietnam for plastic pipework products

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, plastic pipework products belong to:

Class 17: Non-metallic flexible pipes; Soft plastic pipes and non-metal pipe connections including gaskets (gaskets) for pipes, connecting sleeves (ferrules), non-metal pipes (soft pipes); non-metallic pipe joints; soft water pipes.

Class 19: Non-metallic rigid pipes for construction; non-metallic water pipes (hard pipes); non-metallic construction materials.

Class 35: Trading, import, and export of all types: Water pipe valves, non-metallic soft pipes; Plastic pipes and non-metal connectors including gaskets for pipes, sleeves, and pipes (not made of metal); connecting pipe section (not made of metal); Soft water pipes, non-metallic hard pipes used for construction; non-metallic water pipes; non-metallic construction materials.

Notable trademark for plastic pipework products in Vietnam

Hoa Sen Plastic Pipe – the famous plastic pipework brand of Hoa Sen Joint Stock Company is among the top enterprises in the country’s plastic pipework market. The product applied for trademark registration on January 19, 2021, and was granted on December 29, 2023, with an expiration date of January 19, 2031, with application number VN-4-2021-02354. Common and generally protected trademarks with some specific information about the trademark are as follows:

  • Title holder: Hoa Sen Joint Stock Company
  • Address: No. 9, Thong Nhat Avenue, Song Than II Industrial Park, Di An Ward, Di An City, Binh Duong Province

Good/service classification (Nice):

  • Class 1: Preparations for refining steel; plastic beads (unprocessed plastic raw materials); Metal finishing products used in steel production.
  • Class 6: Alloys of common metals; rough rolled steel (metallurgical); roofing sheets made of aluminum alloy, zinc, galvanized steel (zinc corrugated iron); painted zinc roofing sheets (colored corrugated iron); steel purlins, galvanized metal purlins; black steel pipes, galvanized steel pipes, and other metals…
  • Class 7: Galvanizing equipment; zinc coating equipment; steel mill; shearing machines; machine tool.
  • Class 11: Bathtub accessories; floor lamp; spray tank, water spray tank; fountains and sprinklers for decoration; lampshade; lamp; light bulb; electric light bulbs; stopcocks for pipes and pipelines; wash basin (hand sink); hand drying equipment.
  • Class 17: Soft plastic pipeworks.
  • Class 19: Non-metallic construction materials; plastic ceiling panels; hard plastic pipeworks used in construction; plastic door.
  • Class 20: Table; chair; bed; cabinet; tray; shipping trays (pallets) (all these products are made of plastic, plastic or wood).
  • Class 35: Trading of base metal alloys, raw rolled steel (metallurgy, zinc-aluminum alloy roofing sheets, galvanized steel (zinc corrugated iron), painted zinc roofing sheets (colored corrugated iron),…
  • Class 36: Financial management consulting; sponsorship services, financial sponsorship; real estate rental and leasing services; real estate broker; real estate management; Banking and securities financial management.
  • Class 37: Industrial and civil construction; Construction of houses, roads, bridges, ports, and docks.
  • Class 39: Warehouse rental services; cargo transportation services; river transport and maritime transport; international and domestic travel services; wharf rental services; Cargo loading and unloading services.

Procedures for trademark registration in Vietnam for plastic pipework products

Like other products in Vietnam, plastic pipework products trademark is registered in the following order:

Step 1: Submit the trademark registration Applications can be submitted directly or sent by post to the head office of the National Office of Intellectual Property in Hanoi or 2 Representative Offices in Ho Chi Minh City and Da Nang.
Step 2: Examination of the trademark application Check the compliance with the regulations on the form for the application, thereby concluding whether the application is considered valid or not (Decide to accept the application as valid/refuse to accept the application).

In case the application is valid, the National Office of Intellectual Property issues a decision to accept the valid application;

In case the application is invalid, the National Office of Intellectual Property issues a notice to refuse to accept a valid application, clearly stating the reasons and shortcomings that cause the application to be refused acceptance and setting a deadline of 2 months for the applicant to comment or correct errors. If the applicant does not correct the errors/corrects the errors unsatisfactorily/or has no objections/unreasonable objections, the National Office of Intellectual Property will issue a decision to refuse to accept the application.

Step 3: Application publication After a decision is made to accept a valid application, the application will be published in the Industrial Property Official Gazette.
Step 4: Substantive examination of the application Evaluate the possibility of protection of the subject stated in the application according to the protection conditions, thereby determining the corresponding scope of protection.
Step 5: Decide to grant/refuse to grant a protection title If the subject matter stated in the application does not meet the protection requirements, the National Office of Intellectual Property will issue a decision to refuse to grant a protection title;

If the subject matter stated in the application meets the protection requirements, and the applicant pays fees and charges in full and on time, the National Office of Intellectual Property will issue a decision to grant a protection certificate and record in the National Register of Trademarks and published in the Industrial Property Official Gazette.

Step 6: Fee payment In case the protected object meets the requirements for trademark registration, after receiving notice of intention to grant a protection title, the applicant shall proceed to pay the licensing fee.

Requirements for trademark registration documents

In Articles 100, 105 of the Intellectual Property Law and Appendix I of Decree No. 65/2023/ND-CP as guided by Decision No. 3675/QD-BKHCN, the documents mainly include:

  • Trademark sample (not smaller than 3×3 cm, not exceeding 8×8 cm);
  • List of goods and services intended for trademark registration;
  • Trademark registration declaration;
  • Power of Attorney (according to the form of Viet An Law);
  • Document of payment of trademark registration fee.

Note: Trademark registration fees are calculated based on the number of classes and the number of goods in each class specified in the application, so if a trademark registers many classes or many goods in a group, the fee will be higher.

Trademark registration service of Viet An Law

  • Legal advice on procedures and conditions for trademark registration;
  • Research the possibility of preliminary trademark registration;
  • Drafting trademark registration documents;
  • Prepare documents and monitor the registration and testing process of the unit at the National Office of Intellectual Property;
  • Representing clients in the entire process of establishing rights and responding to official correspondence with the National Office of Intellectual Property on trademark registration;

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

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