Register a trademark for vehicles and parts of vehicles in Vietnam?

1. What is a trademark for vehicles and parts of vehicles?

Trademarks are signs that used to help customer distinguish products of one company from products of other companies in the market. Accordingly, a trademark for vehicles is a sign to distinguish vehicles of one company from other companies or even to distinguish different brands of vehicles of the same company. Trademarks must be visible and be expressed in the form of words, letters, slogan, images or holograms, in one or many colors.

Base on the type of products and services that attached by a trademark, the trademark will be classified into specific classes of products and services according to the Nice Classification in the process or trademark registration. Trademark for vehicles and parts of vehicles is classified into Class 12 of the newest version of Nice Classification.

Class 12 mainly covers vehicles and apparatus for the transport of people or goods by land, air or water, for example: motors and engines for land vehicles; couplings and transmission components for land vehicles; vehicles run on air cushion; remote control vehicles, other than toys; parts of vehicles, for example, bumpers, windscreens, steering wheels, tyres for vehicle wheels, as well as treads for vehicles; except for:

- Some special vehicles are not used for transportation purposes;

- Certain parts of vehicles;

- Metal materials for railways;

- Motors, engines, couplings and transmission parts not used for land vehicles;

- Parts of all types of engines and engines.

2. Why should your company register a trademark for vehicles and parts of vehicles in Vietnam?

The market for vehicles and parts of vehicles is currently one of the most developing industrial markets in Vietnam. In order to survive in this market, companies need to establish and build a unique brand. One of the most effective methods to build a recognizable and unique brand is to register a trademark for vehicles and parts of vehicles products of companies in Vietnam. Despite the fact the trademark registration is not a compulsory procedure, companies will receive huge advantages when registering a trademark such as:

- Attract more customers and increase the trust of customers, the revenue of the company will accordingly increase significantly;

- Prevent competitors of the company from copying or using the trademark without the authorization of your company. Besides, other companies, organizations or individuals will not be allowed to register a trademark that is similar or identical to your registered trademark.

- The trademark that has been registered will be a legal basis for the authorities to handle violations of other companies, organizations or individuals in terms of intellectual property rights.

- The registered trademark can also become a famous trademark and can be traded as an asset of your company. A well-known trademark can bring extra profit for company from licensing or selling the trademark.

From above reasons, Minh Khue Law Firm always encourages our clients to register their trademarks for vehicles and parts of vehicles as soon as possible in Vietnam.

3. How to register trademarks for vehicles and parts of vehicles in Vietnam?

According to the intellectual property law in Vietnam, a trademark registration dossier normally includes the following documents and papers:

- Trademark application (02 copies) according to the prescribed form issued by the competent state agencies;

- 80x80mm samples of the registering trademark (05 samples);

- List of vehicles and parts of vehicle products that attached by the trademark;

- Authorization Letter (in case applying through representatives);

- Receipts of payment of the state fees and charges;

- Certified copies of Business Registration Certificate or Identity cards or Passport of the trademark owner and the applicant.

4. Process to register a trademark for vehicles and parts of vehicles in Vietnam

Normally, the process of registering a trademark for vehicles and parts of vehicles in Vietnam will have the steps as below:

Step 1: Trademark search

Conducting a trademark search is not a compulsory procedure when registering a trademark in Vietnam, however, the applicant should conduct this step to know the ability to register the trademark before the official submission. There are two ways to search a trademark.

- Preliminary search: Depending on the trademark, the preliminary search normally takes from a few hours to 3 days to be done. Despite the quick processing time, the accuracy rate of the result of this method of search is only about 60%. There is still a chance that your trademark is similar to a registered trademarked but cannot be checked.

- Advanced search: The advanced search usually takes from 3 days to 7 days but the accuracy rate of the result will be higher than the result of the preliminary search (up to 98%) because the trademark will be reviewed by intellectual property experts.

Step 2: Trademark application submission

The applicant can choose to file the trademark application directly at the National Office of Intellectual Property (NOIP) in Ha Noi city or its two representative offices in Da Nang city and Ho Chi Minh city. The applicant can also submit the trademark application by post.

Step 3: Trademark application formal examination

In this step, the NOIP will assess the trademark application in terms of formal requirements such as the form, the trademark, applicant, filing right, product class...

After assessment, if the trademark application meets all the formal conditions, the NOIP shall notify the acceptance of a valid application.

The assessment time of this step is from 01 month to 02 months from the submission date.

Step 4: The application publication

Within 02 months from the date of the Notice of acceptance of the valid application, NOIP will publish the trademark application in the Industrial Property Gazette. The publication content will include information of the trademark such as trademark samples, applicants’ information, lists of accompanied goods and services.

Step 5: The application content examination

In this step, the NOIP will assess the ability of the trademark application to be granted the Trademark Registration Certificate. If the application meets the conditions in terms of duplication, discrimination,..., the NOIP will notify the applicant to pay all the fees for the issuance of the protection title.

The assessment time of this step is from 09 months to 12 months since the date of publication of the trademark.

Step 6: Trademark Registration Certificate issuance

After receiving the notification of the NOIP, the applicant shall pay all the fees fully and promptly for the issuance of the protection title. The Trademark Registration Certificate normally is issued within 01 month from the date of full payment of the fee.

5. Where to register an exclusive trademark for vehicles and parts of vehicles in Vietnam?

Foreign companies who want to register trademarks for vehicles and parts of vehicles in Vietnam can only apply through a licensed industrial property representative. Minh Khue Law Firm is a reputable and high-quality industrial property representative that has been licensed since August 2017, with the representative code is 226. Clients can contact and come directly to Minh Khue Law Firm in order to register trademarks for vehicles and parts of vehicles in Vietnam.

Our Intellectual Property Department will proceed with all the procedures for Clients. Our office address is 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: + 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 vehicles and parts of vehicles that were registered by Minh Khue Law Firm:

Trademark of Vinh Cat Company Limited

Class 12: Cars; motorcycles and engines for land-based traffic means; truck; sports car; electrical vehicles.

VCC Tomorrow is now Trademark

Class 12: Cars; motorcycles and engines for land-based traffic means; truck; sports car; electrical vehicles.

6. Contact to register a trademark for vehicles and parts of vehicles in Vietnam

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

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limite