1. What is a trademark for products of yarns and threads?

A trademark for products of yarns and threads is a unique sign, maybe in the form of letters, words, phrases, images or a combination of such elements (expressed in single color or multi colors) that is used to differentiate products of yarns and threads distributed by one company from other products of yarns and threads in the market.

A trademark for products of yarns and threads is classified into Class 23 of the current version of Nice Classification. Class 23 mostly includes natural or synthetic yarns and threads for textile use; in particular:

- Fiberglass, elastic, rubber and plastic threads for textile use;

- Threads for embroidery, darning and sewing, including those of metal;

- Spun silk, spun cotton, spun wool.

This Class excludes certain particular goods as below:

- Certain threads for specific uses, for example, identification threads for electric wires, surgical thread, threads of precious metal being jewellery;

- Threads, other than for textile use, that are classified according to the material of which they are made, for example, threads for binding of metal and not of metal, elastic threads, threads of rubber or plastic, fiberglass threads.

2. Why should you register a trademark for products of yarns and threads in Vietnam?

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Products of yarns and threads are really popular in our modern life, because they are materials for the production of many other products. However, companies or individuals doing business in this industry normally do not pay adequate attention to the protection of the trademark for their products. Minh Khue Law Firm always encourages our clients to register the trademark for their products as soon as possible because of the following benefits:

- Products of yarns and threads normally look similar and it is difficult for the customer to distinguish different products from different companies. A trademark registration will make your trademark more recognizable and easier to be remembered than other products in the same category.

- A registered trademark will be protected by the provisions of law and authority. If there is any entity violates the trademark in terms of using or copying it without the acceptance of the trademark owner, the trademark owner will have the right to ask the authority to handle such violation.

- Prevent other companies, organizations or individuals from registering a trademark which is similar or identical to a protected trademark, thus, strengthening the position of the company in the market.

- If the registered trademark becomes famous and there is a company, organization or individual want to use it, the trademark owner can earn extra profit from licensing or transferring the registered trademark.

3. How to register a trademark for products of yarns and threads in Vietnam?

A dossier of trademark registration application for products of yarns and threads should contain the following documents:

- 02 copies of the Trademark registration form conforming to the prescribed form;

- 05 copies of Trademark samples (each sample not exceed 80mm x 80 mm);

- List of goods and/or services that the trademark will be applied for;

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- Authorization letter (in case of registering through representative);

- Receipt of state fees and charges (in case the applicant pay the fees and charges via postal services or directly pay into accounts of the issuing agencies);

4. Procedures to register a trademark for products of yarns and threads in Vietnam

A trademark for products of yarns and threads normally should be processed through the steps as below:

Step 1: Search of the trademark

There are two ways to search a trademark: basic search or advanced search. The basic search is the search where the trademark is searched on the published library of the National Office of Intellectual Property (NOIP) and the World Intellectual Property Organization (WIPO) with the processing time is from 01 day to 3 days and the accuracy rate of the result is around 60%. The advanced search is the search where the trademark is searched by the intellectual property experts at the competent state agencies, with the processing time is from 3 days to 7 days and a higher accuracy rate (about 90%).

Step 2: Submit the trademark application

The applicant can choose to submit the trademark registration application directly to the official office of NOIP in Hanoi or one of two representative offices of NOIP in Da Nang or Ho Chi Minh city; or applicant can choose to submit the application via postal services from other cities to the above offices.

Step 3: Appraise the application form

The processing time of this appraisal is from 01 to 02 months since the date the application is submitted. In this step, the NOIP formally appraise the trademark registration application in terms of formal requirements such as necessary documents; classifying, right to apply, etc., in order to make a decision of valid or invalid application.

Step 4: Publication of application

Within 2 months from the date of the decision of a valid application, the appraising agency will publish on the Industrial Property Gazette the information of trademark registration application, including: the trademark sample, list of goods/services accompanied by the trademark and the information of applicant/trademark owner and the representative organization (if any).

Step 5: Appraise the application content

The processing time of this appraisal is from 09 months to 12 months since the date the trademark application is published. In this step, the NOIP appraise the trademark application in terms of its content conditions such as whether the trademark is similar or cause confusion with any protected trademark or whether it meets all the prescribed conditions and the scope of protection to be issued the certificate.

Step 6: Issue the certificate

Within about 01 month from the date the applicant pay all state fees and charges for the issuance of a certificate fully and properly, the competent state agency shall issue a Trademark registration certificate.

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5. Where to register a trademark for products of yarns and threads in Vietnam?

Foreign companies and individuals who want to register a trademark for products of yarns and threads in Vietnam can come to Minh Khue Law Firm. According to the current provisions of intellectual property law, foreign entities can only register trademarks through an official industrial property representative organization in Vietnam like Minh Khue Law Firm.

The NOIP has approved our Law Firm as an industrial property representative organization in Vietnam since August 2017; with the representative code is 226. Many trademarks of clients have been registered successfully by our Intellectual Property Department.

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.

6. Contact to register a trademark for products of yarns and threads in Vietnam

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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

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