Register a trademark for transport and travel services in Vietnam?

1. What is a trademark for transport and travel services?

A trademark for transport and travel services is a unique sign expressed in the form of words, letters, slogan, drawing, images or a combination of those elements which is used to distinguish transport and travel services of a company from the services provided by other companies in the market.

According to the Nice Classification, trademarks for transport and travel services are categorized to Class 39 that mostly contains services for transporting passengers or goods from one location to another (by rail, road, waterway, airway or pipeline) and necessary services related to such transportation; services related to the storage of goods in warehouses or in other buildings for preservation or protection; such as:

- Services operated by companies operating ports, stations, ferry bridges, railways and

road etc. proceed and be used by the person carrying out the transportation;

- Services related to leasing vehicles;

- Services of maritime tugs, unloading, port operations, ship locks and rescue of sunken cargo ships;

- Services related to airport operations;

- Services related to packaging of goods before shipping;

- Services for notification of passenger transport or cargo transport services performed by brokers and travel agencies, information on tariffs, timetables and shipping methods;

- Services related to vehicle or goods inspection before shipping.

This Class excludes some particular services such as:

- Services related to advertising carriers such as publishing brochures or advertising on radio;

- Services related to the issuance of traveler's checks or letters of credit made by brokers or travel agencies;

- Services related to insurance (commercial, fire and life) during the transport of passengers or goods;

- Services are carried out when maintaining and repairing vehicles as well preserving or repairing objects related to the carriage of passengers or goods;

- Services related to hotel room bookings conducted by travel agencies or brokers.

2. Why should you register a trademark for transport and travel services in Vietnam?

Transport and travel services are very essential and popular services industries. The objects of these services are not only people (passengers) but also freight transport. Due to market demand, there are now more and more companies established and operating in the industry of transport and travel services. One of the factors for companies to attract customers is their reputation and image. Therefore, companies need to register for their trademarks as soon as possible to secure and protect their image. The company can get huge benefits from registering a trademark for their transport and travel services as below:

- Increase the trust of customers about the service, the registered trademark will also help customers to recognize your services easier and remember your company longer than other companies in the market;

- Establish the legal basis for the competent state agencies to protect your registered trademark and handle any infringement caused by other entities;

- Prevent other companies, organizations or individuals registering a trademark that is similar to or may cause confusion with your registered trademark.

- Bring extra revenue for the trademark owner from licensing or transferring the registered trademark when the trademark becomes famous in the market.

3. How to register a trademark for transport and travel services in Vietnam?

Applicant should prepare the documents as below in order to register a trademark:

- 02 Trademark registration forms;

- 05 Trademark samples;

- The Class of goods and services and the list of goods and services accompanied by the trademark;

- Copies of business registration certificate, identification, passport or other papers that have the same value;

- Letter of authorization (if any);

- Receipts for payment of state charges and fees (if any);

4. Procedures of trademark registration for transport and travel services in Vietnam

The process of trademark registration for transport and travel service in Vietnam shall follow the procedures as below:

Stage 1: Search the trademark

There are two methods to search a trademark: Preliminary Search that takes from 1 day to 3 days to be done but the searching result normally has a low accuracy rate (about 60%); and the Advanced Search which normally takes from 3 days to 7 days but the trademark will be searched by intellectual property experts and the accuracy rate of the result of this method will be higher (about 90%).

Stage 2: Submit the application

The applicant can file the application directly to the NOIP office in Ha Noi city or its two representative offices in Da Nang city or Ho Chi Minh city. The processing time of this procedure is only few hours. If applicant sends the application indirectly via post, the processing time will depend on the delivery time and the post office or couriers.

Stage 3: Appraise the application

First, the application will be appraised in terms of formal requirements in order to identify whether the trademark registration application is valid or invalid. The appraising time is normally from 01 month to 02 months from the date the application is filed. If the application is valid, the trademark application will be published on the Industrial Property Gazette within 2 months since the date of the valid application decision.

Next, the application will be appraised in terms of the content of trademark application. The authorities will make a decision on whether the registering trademark is similar or cause confusion with a trademark that was registered and protected before. Normally, this procedure takes from 9 months to 12 months since the date of publication of trademark application.

Stage 4: Issuance of the certificate

NOIP will send a notification to the applicant about the decision of the issuance of a Trademark registration certificate. The certificate will be granted by the NOIP after you pay all the state fees and charges fully and properly.

5. Where to register a trademark for transport and travel services in Vietnam?

In Vietnam, if foreign companies want to register a trademark for transport and travel services, they have to register through a licensed industrial property representative in Vietnam. Minh Khue Law Firm is an industrial property representative organization that has been licensed since August 2017 with the representative code is 226. Operating as an industrial property representative, we have helped many clients to register their trademark successfully in Vietnam as well as in abroad.

The process of trademark registration will be handled 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 transport and travel services that were registered by Minh Khue Law Firm:

Thoi Dai Viet Trademark

Class 39: Service of guiding tourists; arrange tours; download services for tours; passenger transport; electric transport services; transport.

6. Contact to register trademarks for transport and travel services 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