Trademark registration in Vietnam for voltage stabilizer products

Voltage stabilizer products are electrical devices used to help electrical devices operate stably and avoid reducing their lifespan. Therefore, the demand for voltage stabilizers is quite large and many businesses choose to sell this product. However, the increase in counterfeit goods makes many clients suspicious and causes many businesses to suffer losses. Trademark registration is necessary to increase competitiveness, increase recognition with clients, and ensure reputation. However, many clients do not clearly understand how to register a trademark. To answer clients’ questions, in the article below, Viet An Law Firm would like to present trademark registration for voltage stabilizer products.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.
• Decree 65/2023/ND-CP 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 263/2016/TT-BTC, as amended and supplemented by Circular 31/2020/TT-BTC regulating collection rates, collection, payment, management, and use of industrial property fees and charges.

What is the trademark of voltage stabilizer products?

Vietnam’s Intellectual Property Law also provides the following definition of a trademark: Trademark is any sign used to distinguish goods or services of different organizations and individuals (Clause 16, Article 4 of the Intellectual Property Law).

A voltage stabilizer is an electrical device capable of changing voltage to bring high or low voltage to a stable level (220V – 110V) based on the principle of electromagnetic induction. Accordingly, the trademark of voltage stabilizer products is a sign to distinguish electrical equipment capable of changing voltage from one organization or individual to another.

Classification of trademark registration in Vietnam for voltage stabilizer products

The trademark for voltage stabilizer products are classified into the following classes:

Class 09: Voltage stabilizers, transformers; devices used to transmit, switch, transform, store, regulate, or control the distribution or use of electrical energy.

Class 35: Buying, selling, importing, and exporting voltage stabilizer products.

Class 37: Voltage stabilizer installation and repair services.

Example:

Standa Vietnam Transformer Voltage Stabilizer Joint Stock Company registered a trademark for Standa voltage stabilizer products with the following information:

• Title holder: Resun Vietnam Joint Stock Company. 34 – 36 Vinh Hung Street, Vinh Hung Ward, Hoang Mai District, Hanoi City.
• Submitted on April 25, 2015, issued on May 7, 2018, and valid for 10 years from the date of issuance.
• Application number: 4-2015-10280
• Scope of protection: The trademark is protected overall, not specifically protected by “S”
• Trademark type: Normal.
• Good/service classification (Nice): Class 09: Voltage stabilizers, and transformers.

Registration procedure

Trademark registration dossier

The trademark registration dossier includes the following documents:

• 02 declarations requesting the issuance of a Trademark Registration Certificate (which must include a List of goods and services bearing the trademark) made according to form No.08 Appendix I issued with Decree 65/2023/ND-CP;
• 05 trademark samples and list of goods and services bearing the trademark;
• 01 document proving the rights to registration if the applicant benefits from another person’s right to registration;
• 01 proof of payment of fees and charges in case of payment of fees and charges via postal service or direct payment to the account of the National Office of Intellectual Property;
• 01 document proving priority rights if claiming priority rights;
• 01 document proving the right for trademark use/registration containing special signs (name, symbol, flag, badge, agency, organization, certification trademark, inspection trademark, warranty trademark, character name, image, trade name, indication of origin, award, medal, or symbol characteristic of a product, a sign within the scope of protection of another person’s technological design);
• Power of Attorney for the representative of Viet An Law Firm to apply for trademark registration.

Registration process

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: Formality and substantive examination of the application

From the date 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 application has a Decision accepting the valid application. The application will be published in the hard copy of the Industrial Property Official Gazette; and the website of the National Office of Intellectual Property and the Industrial Property Official Gazette.

• Substantive examination: no more than 09 months from the date of publication of the application.

Step 3: 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 certificate;
• 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, recorded in the National Register of trademarks and publication in the Industrial Property Official Gazette.

Step 4: Fee payment for granting a protection certificate

After notification of intention to issue a trademark, the applicant pays the fee for granting 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 fee payment for granting the Trademark Registration Certificate.

Fees for trademark registration in Vietnam for voltage stabilizer products

The rates of industrial property fees and charges are specified in detail in Circular 263/2016/TT-BTC dated November 14, 2016, of the Ministry of Finance, regulating the collection rates, collection, payment regime, management, and use of industrial property fees and charges.

The fee for trademark registration includes the following fees:

In case after formality appraisal, the National Office of Intellectual Property issues an Official Dispatch on the results of formality appraisal requesting to edit the brand description or edit the good or service group, then within 02 months from the date of signing the official dispatch, the applicant needs to correct the errors and add 160,000 VND for the examination request for amendment.

Trademark registration service of Viet An Industrial Property Representative

• Consulting on trademark protection.
• Consulting on minimizing risks related to the trademark registration and withdrawal process.
• Representing clients to conduct application procedures, and monitor and respond to the trademark registration process at the National Office of Intellectual Property.
• Representing the client to draft a dossier to withdraw the trademark application as required.
• Receive the results and return to the client the issued Trademark Registration Certificate.

Clients who want to register a voltage stabilizer product trademark, please contact Viet An Law for the best support.