1. What is an exclusive trademark for telecommunications services?

An exclusive trademark for telecommunications services is a special mark which is used to distinguish telecommunications services provided by your company from the services of other companies in the market. The exclusive trademark can be expressed in one color or some colors, in the form of characters, sentences, symbols or a combination of all of these elements.

During the registration process, the trademark shall be sorted out in suitable Classes of goods and services that the trademark will be used for. According to the Nice Classification, trademarks for telecommunications services are classified to Class 38 which mostly covers services allowing at least one person to communicate with another by a sensory means; including:

- Allow a person to talk to another person,

- Transfer messages from one person to another, and

- Let a person contact another person by listening or watching (radio and television).

- Service of broadcasting radio or television programs.

This Class does not include certain services such as:

- Advertising services via radio;

- Telephone marketing services (remote marketing).

2. Why should you register an exclusive trademark for telecommunications services in Vietnam?

Along with the strong development of telecommunications services, the registration of an exclusive trademark for the telecommunications service of companies is a very essential procedure that every company operating in this industry should carry out. Because after registering the exclusive - trademark, the company will receive the following benefits:

- Create the advantages in the competition with other companies in the market. The customer will be able to recognize your services and remember your company longer than others because of the exclusive trademark.

- The competent state agencies will protect the registered exclusive trademark if there is any infringement of other entities related to the use of exclusive trademark such as using or copying the exclusive trademark without your prior consent.

- Other companies will not be allowed to register a trademark which is similar or same as your registered exclusive trademark.

- The company that owns the registered exclusive trademark may receive more profit from licensing or transferring the trademark if it becomes a famous trademark in the market.

3. How to register trademarks for telecommunications services in Vietnam?

Applicant should prepare the following papers and documents to register an exclusive trademark:

- 02 Trademark registration forms in accordance with prescribed form;

- 05 Trademark sample (each sample has the size of 80x80mm);

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

- Documents and papers to prove the right to register;

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

- Letter of authorization (if any);

4. Procedures of trademark registration for telecommunications services in Vietnam

In order to register an exclusive trademark for telecommunications service in Vietnam, the applicant shall follow the procedures as below:

Stage 1: Search the trademark

There are two methods to search a trademark:

- Preliminary search: The preliminary search takes from 1 day to 3 days to be done but the searching result normally has a low accuracy rate (about 60%).

- Advanced search: The advanced search usually takes from 3 days to 7 days to get the result. The trademark will be searched by intellectual property experts. These experts will also provide an estimation about the chance of successful registration. The accuracy rate of the result of this method is often about 90%.

Stage 2: Submit the application

National Office of Intellectual Property (NOIP) is currently the only state agency competent to issue a trademark registration certificate. You can submit 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. You can also file the application indirectly via post if you are not in the above cities.

Stage 3: Appraise the form of the application

The appraisal of the form of the application usually takes from 01 month to 02 months from the date the application is filed. During this period of time, the NOIP will assess the exclusive trademark application to identify whether the application satisfies all the conditions in terms of the form of the application; thus, making a decision on whether the application is valid or invalid.

Stage 4: Publish the trademark application

If the application is accepted as a valid application, the NOIP will issue a decision and publish the application information on the Industrial Property Gazette within 2 months since the date of the decision. The published information includes: trademark sample; information of the owner, and applicant; the lists of services accompanied by the trademark; and the Class of goods and services.

Stage 5: Appraise the content of the application

The appraisal of the content of trademark application normally takes from 9 months to 12 months since the date of publication of trademark application. During this period, the NOIP will examine the exclusive trademark application to identify whether the registering trademark is similar or cause confusion with a protecting trademark.

Stage 6: Protection title issuance

If the trademark meets all the conditions, NOIP will notify the applicant about the decision to issue a Trademark registration certificate. The NOIP will issue the certificate once you pay all the state fees and charges fully and properly.

5. Where to register exclusive trademarks for telecommunications services in Vietnam?

Foreign companies can only register exclusive trademarks for telecommunications services in Vietnam through an licensed industrial property representative organization. Minh Khue Law Firm is a licensed industrial property representative in Vietnam since August 2017 with the representative code is 226. We have help many foreign as well as domestic clients to register their trademark successfully in Vietnam.

All the procedure of trademark registration will be carried out 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 telecommunications services that were registered by Minh Khue Law Firm:

Register an exclusive trademark for telecommunications services in Vietnam?

iNET Trademark

Class 38: Computer contact information; communication by telephone; transfer messages and images with computer support; teleconferencing service, conference call service; Telecom service.

6. Contact to register trademarks for telecommunications 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