1. What is a trademark for information technology equipment and software?

A trademark for information technology equipment and software is a unique mark that discriminate information technology equipment and software of your company from products of other companies, organizations or individuals in the market. That trademark can be expressed in some colors or just in black and white; in the form of letters, sentences, drawing, diagrams or images.

A trademark for information technology equipment and software is classified into Class 09 of the Nice Classification. In addition to information technology equipment and software, Class 09 also covers apparatus and instruments for scientific or research purposes, audiovisual, as well as safety and life-saving equipment; in particular:

- Equipment and instruments for scientific research used in laboratories;

- Ship control equipment and tools such as measuring and transmission equipment and tools;

- Protractors;

- Office equipment used with punch cards;

- All computer programs and software regardless of recording media or transmission methods, which means the software can be recorded on magnetic objects or downloaded from the remote computer network.

Class 09 excludes particular the following products:

- The following types of equipment and electrical appliances:

a) Kitchen electrical appliances and some other equipment and tools are driven by electric motors that are classified in Class 07;

b) Equipment for pumping or distributing fuel;

c) Electric razors and trimmers (hand tools) and irons;

d) Electrical equipment for warming or heating liquids, for cooking and ventilation, etc;

e) Toothbrush and electric comb;

- Watches and time-measuring devices;

- Control clock;

- Game and entertainment equipment made suitable for use with external screens or screens.

2. Why should you register a trademark for information technology equipment and software in Vietnam?

We are in the information technology era and the market for information technology equipment and software is developing very fast. Along with the development of the market, competitiveness is also increasing significantly. Companies normally only care about the copyright of the software but forget to pay attention to the trademark of the software as well as other information technology equipment products. By registering a trademark for information technology equipment and software, companies will enjoy huge benefits as below:

- Registering a trademark will affirm and protect it from being using, copying or duplicating without your consent. Customers will always be able to recognize which are products of your company.

- Registering a trademark will also prevent other companies, organizations or individuals register a trademark that is similar or the same as your registered trademark for information technology equipment and software.

- The registration of a trademark will create the legal basis for you to ask authorities to handle violation of your competitors.

- Last but not least, a registered trademark can be licensed or transferred to other companies, organizations and individuals and bring extra profit for your company.

From above advantages, you should carry out the procedure of trademark registration for information technology equipment and software as soon as possible.

3. How to register exclusive trademarks for information technology equipment and software in Vietnam?

The dossier of trademark registration for information technology equipment and software usually contains the following papers and documents:

- 02 Declaration of Trademark Registration in accordance with the prescribed form;

- 08 Trademark samples (not exceed 80x80mm and not less than 20x20mm);

- List goods and services attached by the registering trademark;

- Certified copies of Business Registration Certificate or Identity Card or Passport of the trademark owner;

- Receipts of payment of fees and charges;

- Letter of authority (if any);

4. Process of a trademark registration for information technology equipment and software in Vietnam

The process of a trademark registration for information technology equipment and software normally contains the following stages:

Stage 1: Trademark search

The trademark can be searched in two ways:

- Preliminary search: Your trademark will be searched in the digital library of industrial property and the searching time is normally short (from 1 day to 3 days). However, the accuracy rate of the searching result is quite low (about 60%).

- In-deep search: Your trademark for information technology equipment and software will be searched and counseled by specialists in the field of intellectual property. Although the searching time is longer than the preliminary search (from 3 days to 7 days), the accuracy rate of searching result is usually high (about 90%).

Stage 2: Application submission

Applicant can submit the trademark application for information technology equipment and software directly to the competent state agency (National Office of Intellectual Property – NOIP) in Hanoi city or to the one of two representative offices of NOIP in Da Nang city or Ho Chi Minh city. The trademark application can also be submitted indirectly via post office or couriers.

Stage 3: Formal requirement appraisal

The processing time of formal requirement appraisal is normally from 1 month to 02 months since the date of application submission.

During this stage, the competent state agency will assess your trademark application in terms of the formal requirements such as the subject of exclusion, the right to apply ... Base on this assessment; the competent state agency will make a decision on whether the trademark application is invalid or valid.

Stage 4: Application publication

After being decided as a valid application, your trademark application will be published on the Industrial Property Gazette within 2 months from the date of the decision. The information that will be published includes the trademark sample, the lists of products accompanied by the trademark, information of the owner, and applicant.

Stage 5: Content appraisal

The processing time of content appraisal is from 9 months to 12 months since the date of application publication.

During this stage, the NOIP will appraise your trademark application in terms of the content of the trademark. The competent state agency will decide whether your trademark is similar or identical with a protected trademark.

Stage 6: Trademark Registration Certificate issuance

The Trademark Registration Certificate will be issued by the authority within 01 month from the date you pay all the fees and charges as prescribed fully and properly.

5. Where to register exclusive trademarks for information technology equipment and software in Vietnam?

Foreign companies, organizations or individuals who want to register a trademark for information technology equipment and software in Vietnam will have to apply through an industrial property representative organization according to the intellectual property law. Minh Khue Law Firm is a legal industrial property representative organization that has been licensed since August 2017, with the representative code is 226. We have help many foreign as well as domestic companies, organizations and individuals to register their trademarks for information technology equipment and software in Vietnam.

Your trademark will be registered by our Intellectual Property Department. Our office address is at Room 2007, C2 building, Vincom Tran Duy Hung, Trung Hoa ward, Cau Giay district, Ha Noi city.

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: + 84986 386 648

The dossier will be submitted 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 for information technology equipment and software that were registered by Minh Khue Law Firm:

Register a trademark for information technology equipment and software in Vietnam?

CALLVI Trademark

Class 09: Audio amplifier; audiovisual equipment for teaching; audio transmission equipment; audio equipment and machines; microphone; speakers; sound reproduction device.

6. Contact to register exclusive trademarks for information technology equipment and software in Vietnam

Please contact: Minh Khue Law Company Limited

Address: Room 2007, C2 building, Vincom Tran Duy Hung, Trung Hoa ward, Cau Giay district, Ha Noi city.

Phone number: + 84986 386 648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited