1. What is an exclusive trademark for plastic and substitute materials?

An exclusive trademark for plastic and substitute materials is an exclusive sign that is presented in the form of words or letters, slogans, images or a mixture of these elements and used to distinguish products of plastic and substitute materials manufactured or distributed by your company from other products in the market. This sign can be expressed in one color or some colors.

An exclusive trademark for plastic and substitute materials is classified into Class 17 of current version of Nice Classification, which mostly includes electrical, thermal and acoustic insulating materials and plastics for use in manufacture in the form of sheets, blocks and rods, as well as certain goods made of rubber, gutta-percha, gum, asbestos, mica or substitutes therefor; in particularly includes:

- Rubber materials for covering tires;

- Floating anti-pollution barriers.

- Adhesive tapes, other than those used in offices and for medical or family purposes;

- Other flexible plastic film used for wrapping and packaging, for example, anti-glare film (film) for windows;

- Elastic yarns and yarns of rubber or plastics, not used in textiles;

- Some goods made of materials of this heading have not been classified in any other heading according to their functions and purposes, for example, foam bases for flower arrangements, padding materials or lining with rubber or plastics. , rubber buttons, high-pressure shock absorbers, bags or packaging for rubber packaging.

This Class does not include certain particular goods as below:

- Fire hose;

- Pipes being parts of sanitary installations and rigid pipes of metal and not of metal;

- Insulating glass for building;

- Certain goods made of the materials in this class that are classified according to their function or purpose, for example, gum resins, rubber for dental purposes, asbestos screens for firemen, adhesive rubber patches for repairing inner tubes, rubber erasers.

2. Why should you register an exclusive trademark for plastic and substitute materials in Vietnam?

The industry of manufacture and distribution of plastic and substitute materials is a growing industry in Vietnam. In a growing industry like this, it is more and more competitive and companies need to pay more attention to the protection of the exclusive trademark for their products. Therefore, registration of an exclusive trademark for plastic and substitute materials is a very important action and should be carried out as soon as possible. Registering an exclusive trademark will bring great benefits for the trademark owners as below:

- Make your products more recognizable than other products in the same category, thus attracting more customers. In this market, products often look similar and it is difficult to distinguish products of different provider, therefore this benefit is very important for companies doing business in this industry.

- Keep the exclusive trademark of your company from being registered by other companies, organizations or individuals, thus strengthening the position of your company in the market.

- If there is any entity that uses or copies your registered exclusive trademark without your consent, you will have the right to ask the competent state agencies to handle such violations.

- After being used a certain period of time in the market, your registered exclusive trademark can become famous and your company can get extra profit from licensing or transferring the registered trademark to others companies, organizations or individuals.

3. How to register an exclusive trademark for plastic and substitute materials in Vietnam?

In order to register an exclusive trademark for plastic and substitute materials, the applicant should prepare a trademark registration application with the following documents:

- 02 copies of Trademark registration declaration according to the form prescribed by law;

- 05 copies of Trademark samples (80mm x 80 mm);

- List of goods/services that apply the trademark;

- Letter of authorization (if registering through a representative);

- Receipt of applying fees and charges (if the fees and charges are paid via postal services or directly paid into accounts of the issuing agencies);

4. Procedures to register an exclusive trademark for plastic and substitute materials in Vietnam

An exclusive trademark for plastic and substitute materials regularly is processed through the following stages:

Stage 1: Search of the trademark

The trademark can be searched in two methods:

- Basic search: Your trademark will be searched base on the trademark records published by the National Office of Intellectual Property (NOIP) and the World Intellectual Property Organization (WIPO). The searching time of this method is from 1 day to 3 days but the result sometimes is not completely accurate.

- Advanced search: In this method of search, the specialist in the field of intellectual property at the competent state agencies will review your trademark. The searching time of this method is from 3 days to 7 days but the result usually is more accurate and complete (about 90%).

Stage 2: Submit the trademark application

The trademark registration dossier often is submitted in Ha Noi Office of the NOIP, this is the official office of the NOIP. Besides, applicant can choose to submit the dossier to representative offices of NOIP in Da Nang or Ho Chi Minh city or submitted indirectly via post office or couriers from other cities to the above offices.

Stage 3: Examine the application form

This stage normally takes from 01 to 02 months from the date of dossier’s submission. During this period of time, the competent state agency will officially assess your trademark registration applications in order to decide whether your exclusive trademark registration application is valid or invalid.

Stage 4: Publication of application

If the application meets all the formal requirements, within 2 months since the date of the decision of a valid application, the NOIP will publish your application on the Industrial Property Gazette, the application information that is published includes the trademark sample, list of goods/services accompanied by the trademark and the information of applicant/trademark owner and the representative organization (if any).

Stage 5: Examine the application content

This stage usually takes from 09 months to 12 months from the date of trademark publication. During this period of time, the competent state agency will assess the content of the exclusive trademark application in order to decide whether the trademark satisfies to be issued the certificate under the prescribed conditions and the scope of protection.

Stage 6: Issue the certificate

After receive the notification of the NOIP, applicant must pay the issuing fees and charges fully and properly. Within about 01 month from the date of the full payment, a Trademark registration certificate will be issued by the NOIP and it will be recorded in the National Register of Industrial Property.

5. Where to register an exclusive trademark for plastic and substitute materials in Vietnam?

In order to register an exclusive trademark for plastic and substitute materials in Vietnam, foreign companies and individuals can only register the trademark through an official industrial property representative organization in Vietnam.

The NOIP has licensed Minh Khue Law Firm as an industrial property representative organization in Vietnam since August 2017; with the representative code is 226. Our Intellectual Property Department has registered successfully exclusive trademarks for many clients in Vietnam as well as abroad.

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 an exclusive trademark for plastic and substitute materials 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