How to register a trademark for education, entertainment and event services in Vietnam?

1. What is a trademark of education, entertainment and event services?

A trademark is a symbol or a combination of elements such as letters, words, diagrams, images, including holograms represented by a single color or many colors. The trademarks are used to distinguish the goods/services of this company, organization, individuals from the goods/services of other companies, individuals or organizations.

Trademarks of education, entertainment and event services are trademarks used for a group of services in Class 41 according to the international Nice Classification, including education; providing of training; entertainment; sporting and cultural activities. This group mainly includes services performed by agencies or individuals to develop the mental abilities of people or animals as well as services for entertainment or to attract attention, in particular:

- Including services of educating people or teaching animals in any form;

- Services which have the main purpose is entertainment, amusement or recreation of people;

- Presenting literary or artistic works to the public for cultural or educational purposes.

2. Why should companies register a trademark for their education, entertainment and event services?

The market of the education, entertainment and event services is increasingly competitive and companies who are service providers are having to find more ways to be stand out in this market. One of the best ways to do that is to register a trademark for the services that companies, organizations and individuals are providing. Registering a trademark will bring many outstanding benefits for the trademark owners, we can point out some particular benefits below:

- Firstly, it will prevent competitors from copying or duplicating, and thus enhance your competitive position in the market. The legal rights of the trademark owners will be protected by competent state agencies. The companies, organizations and individuals who own the trademark will be entitled to use the trademark exclusively for the group of registered services, any violation such as copying or using without consent of the trademark owners shall be handled by competent state agencies and responsible for damage compensation for the rightful owner;

- Secondly, registering a trademark will increase the ability of the services to be distinguished from the services of other businesses. It will also increase the awareness of customers about the brand and quality of the company;

- Thirdly, registering a trademark and use it in a long time will help your business create a well-known brand in the market. A well-known trademark if registered will return profits to the trademark owner from the licensing or transfer of that trademark.

Therefore, any company, organization or individual who intends to provide a service into the market should carry out the procedures of registration of trademark protection right after having an idea and finishing the creation of the trademark. Although this procedure is not mandatory according to the current provisions of intellectual property, it is a necessary action in order to operate and survive in the education, entertainment and event services market.

3. How to register a trademark of education, entertainment and event services?

3.1. Conditions of a trademark to be registered and protected

According to the current provision of Vietnamese Intellectual Property Law, a trademark of education, entertainment and event services is protected if the following conditions are met:

- Firstly, the trademark must exist in the form of letters, words, words, images, drawings, including holograms or a combination of those elements, represented by one or more colors and they must be visible signs that can be "perceived", which means the trademark shall be aware of, captured through the human's visual ability.

- Secondly, the trademark has the ability to distinguish goods and services of trademark owners from goods and services of other subjects. Trademarks are considered incapable of distinguishing if the mark is a sign in one of the following cases: Simple geometric shapes and figures that are not capable of distinguishing and impressing the sight such as the shape which is too complicated or too simple, not designed or expressed through unique colors.

3.2. Dossier of registration of a trademark

- Trademark registration declarations (02 copies);

- Photos or images of the Trademark Sample (05 copies) with the size of 80x80mm

- The list of services that use the trademark;

- Authorization letters (if the owner applies through an industrial property representative)

- Documents proving the right to register if the applicant receives the right to register from another person;

- Document proving the right of priority, if the request to enjoy the right of priority;

- Copies of fee and charge receipts (in case of paying fees and charges via postal services or directly transfer into accounts of the National Office of Intellectual Property).

- Certified copy of Business Registration Certificate, identity card or citizen card

4. Processing time to register a trademark of education, entertainment and event services?

4.1. Searching the trademark

The processing time of this step depends on the way to conduct it. There are two methods to search a trademark in this step: preliminary trademark search and intensive trademark search.

- The method of preliminary trademark search takes about a few hours to 1 day or 3 days, depending on the trademark and the group of services that the trademark is used for. This method is totally free and can be done quickly but the drawback is that the accuracy rate of preliminary search is not high (about 60%) and there still a possibility that a trademark has been applied for protection but has not been published on Digital Industrial Property Library so cannot be searched and therefore occurring a duplication.

- The method of intensive trademark search takes about from 3 days to 7 days. Although the processing time is longer, the accuracy rate will be higher (up to 98% or more) because the trademark will be counseled by expertise in the field of intellectual property. Thus, reduce maximum the chance there is duplication with other registered trademarks.

4.2. Submitting the application

The application can be submitted directly at the National Office of Intellectual Property (NOIP) in Hanoi or two representative offices in Danang and Hochiminh city, the procedure can be done in one morning or afternoon.

If the application is submitted through the post office, the submitting time will depend on the delivery time of the post office, it could take about from 3 days to 7 days depending on the location of the applicant.

4.3. Appraise the form of the application form

The processing time of this step is normally from 1 month to 2 months from the date of submission.

The competent state agency will evaluate and decide if the application is eligible for registration, in terms of the form, trademark, application owner, filing rights, group, etc. If the registration application meets the requirements, the state agency will inform the applicant that the application is valid. If the application does not meet the conditions, the state agency will issue a Notice of Denial of the application and ask the applicant to amend or provide additional documents. The applicant made changes as required and submitted revised documents to the NOIP.

4.3. Publish the trademark

Within 02 months from the valid confirmation date, the National Office of Intellectual Property will publish the trademark sample and related information of the trademark in the Industrial Property Gazette.

4.4. Appraise the content of the trademark registration application

The processing time of the appraisal of the content of the application is about from 9 months to 12 months.

During this process, the competent state agency will examine the content of the application and decide whether the trademark is similar or confusing to other protected trademarks or well-known trademarks. If all the conditions to be protected of the application are met. The content appraisal needs to be proceeded carefully and completely accurate to avoid any potential conflict in using and owning the trademark in the future.

4.5. Pay the fee and receive the Trademark Registration Certificate (TRC)

After receiving the Notice of the National Office of Intellectual Property, the applicant shall pay the informed fee for the issuance of the Trademark Registration Certificate. The waiting time to be issued a Trademark Registration Certificate is about 10 days to 2 months from the date all fee and charges are fully and timely paid.

5. Where to register a trademark of education, entertainment and event services?

According to the Vietnamese Intellectual Property, foreign companies, organizations or individuals if want to register their trademark of education, entertainment and event services in Vietnam shall only register through an industrial property representation organization in Vietnam.

And Minh Khue Law Firm is currently a legal industrial property representative in Vietnam that was certified and licensed by the National Office of Intellectual Property of Vietnam, in August 2017, with the representative code is 226.

Many foreign as well as domestic companies, organizations and individuals have registered their services of education, entertainment and event in Vietnam through Minh Khue Law Firm and successful. Any trademark owner who wants to register a trademark of education, entertainment and event service in Vietnam can come to Minh Khue Law Firm for consultancy and guidance on implementing procedures.
The procedure of trademark registration is proceeded by the Intellectual Property Department of Minh Khue Law Firm, address at Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.

The person in charge of the Intellectual Property Department of Minh Khue Law Firm:

Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn ;

Phone number: + 84 986 386 648

The application will be filed in: National Office of Intellectual Property of Vietnam, address at: 384-386 Nguyen Trai street, Thanh Xuan Trung ward, Thanh Xuan district, Hanoi.

You can refer to some trademarks of pharmaceutical products and dietary supplements that were registered by Minh Khue Law Firm:

ANNE PARTY Trademark

Class 41: Organizing and controlling seminars; entertainment service; planning a party [entertainment]; organizing competitions [education or entertainment]; organizing exhibitions for educational or cultural purposes; organize and control the concert.

Vietbeauty Trademark

Class 41: Academy [education]; organizing competitions [education or entertainment]; vocational training; career guidance [training or education counseling]; Teaching; organizing and operating seminars.

Trust Me Trademark

Class 41: Service of teaching education; educational information; career guidance [training or education counseling]; Training services are provided through simulation equipment; club services [entertainment or education]; Organize competitions [education or entertainment].

6. Contact to register a trademark of education, entertainment and event services

Please contact: Minh Khue Law Company Limited

Address: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.

Phone number: + 84 986 386 648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited