1. What is a trademark for products of oil and fuel?

A trademark for products of oil and fuel is a unique mark that is designed in the form of letters, words, symbols or a combination of these elements and used to distinguish products of oil and fuel of a company from products oil and fuel of other companies in the market. The mark that used as trademark can be expressed in one or more colors.

A trademark for products of oil and fuel shall be classified into Class 04 of Nice Classification. Class 04 includes mainly industrial oils and greases, fuels and illuminants; in particular:

- Oils for the preservation of masonry or of leather;

-Raw wax, industrial wax;

- Electrical energy;

- Motor fuels, biofuels;

- Non-chemical additives for fuels;

- Wood for use as fuel.

This Class excludes certain particular products as below:

- Certain special industrial oils and greases, for example, oils for tanning leather, oils for the preservation of wood, anti-rust oils and greases, essential oils;

- Massage candles for cosmetic purposes and medicated massage candles;

- Certain special waxes, for example, grafting wax for trees, tailors' wax, polishing wax, depilatory wax, dental wax, sealing wax;

- Wicks adapted for oil stoves and for cigarette lighters.

2. Why should you register a trademark for products of oil and fuel in Vietnam?

Products of oil fuel are normally distributed by big companies in the market. Therefore, new companies in this industry have to find different ways to build the image and reputation in the market in order to be able to compete and survive before big companies. One of the most effective ways to do so is to register a trademark for products of oil and fuel. We would like to point out some great advantages of trademark registration as below:

- A registered trademark will be an evidence for the origin of the products, customer can know who is the owner of the trademark, thus checking the genuineness of the products. Especially, in the market of products of oil and fuel, customers always want to buy genuine products that have clear origins.

- Create the legal ground for the trademark owner to use the trademark exclusively and as the competent state agencies to handle any violations if other entities copy the registered trademark or use it without the consent of trademark owner.

- Create more profit for the trademark owner from providing license or selling the trademark to other entities if it becomes a famous trademark after a certain period of time used in the market.

3. How to register a trademark for products of oil and fuel in Vietnam?

According to the Vietnamese provisions of intellectual property law, in order to register a trademark for products of oil and fuel, the applicant should prepare the documents as below:

- Declaration of trademark registration (02 copies) according to the form prescribed by law;

- Trademark samples (05 copies, 80mm x 80 mm in size);

- List of goods/services that accompanied by the trademark;

- Letter of authorization (in case of registering through representative);

- Receipt of submission fees (in case of paying fees and charges via postal services or directly pay into accounts of the National Office of Intellectual Property);

4. Procedures to register a trademark for products of oil and fuel in Vietnam

The process of trademark registration for products of oil and fuel usually has the procedures as below:

Stage 1: Trademark search

There are two ways to search a trademark:

- Preliminary search: A search of trademark will be conducted base on published library provided by the National Office of Intellectual Property (NOIP) and the World Intellectual Property Organization (WIPO). The searching time takes from 1 day to 3 days, however, the result sometimes is incomplete and inaccurate because the public data usually are updated later than the actual records of trademarks in real-time.

- In-depth search: An in-depth search will be carried out by the intellectual property experts at the competent state agencies. The searching time takes from 3 days to 7 days, but the searching results will be more accurate and complete than the first way of search.

Stage 2: Trademark application submission

The trademark registration application usually is submitted to the office of NOIP in Ha Noi or to one of its representative offices in Da Nang or Ho Chi Minh city. If the applicant cannot submit directly in the above cities, the application can still be submitted indirectly via post office or couriers.

Stage 3: Evaluate the form of trademark registration

After receiving the trademark registration application, competent state agency will officially review the trademark registration applications to assess the validity of applications and issue a notice of acceptance of a valid application if the application meets the conditions. Processing time for this review takes from 01 to 02 months from the submission date.

Stage 4: Publication of trademark registration application

If the trademark registration application is accepted by the NOIP as a valid application, it will be published on the Industrial Property Gazette within 2 months from the date of acceptance of a valid application.

Stage 5: Evaluate the content of the application

Within about 12 months from the date of publication, the valid trademark registration application will be reviewed by the NOIP in order to evaluate the ability to be granted the protection title of the trademark under the conditions of protection and the scope of protection.

Stage 6: Issue of the certificate

If the application satisfies all the prescribed requirements and the applicant have paid all the fees fully and properly, the NOIP will issue the trademark registration certificate for the corresponding trademark and record it in the National Register of Industrial Property.

5. Where to register a trademark for products of oil and fuel in Vietnam?

Foreign companies and individuals cannot register trademarks by themselves in Vietnam according to the Vietnamese intellectual property. In order to do so, they must apply the trademark through an official industrial property representative organization in Vietnam.

From 2017, Minh Khue Law Firm was licensed by the authority as an official industrial property representative organization in Vietnam with the representative code is 226. The Intellectual Property Department of Minh Khue Law Firm has registered successfully many trademarks for products and services of domestic as well as foreign clients.

Minh Khue Law Firm’s office address: 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 products of oil and fuel that were registered by Minh Khue Law Firm:

Register a trademark for products of oil and fuel in Vietnam

VINLUB Trademark

Class 04: Lubricant oil; engine oil.

Register a trademark for products of oil and fuel in Vietnam

VPOIL Trademark

Class 04: Fuel oil; diesel oil; gas; oil; engine oil; fuel for engines.

6. Contact to register a trademark for products of oil and fuel 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