1. What is an exclusive trademark for textile fiber material and cushion?

An exclusive trademark for textile fiber material and cushion is an exclusive sign that is designed in the form of letters or words, slogans, pictures or a combination of these elements (in single color or multi colors) and used to differentiate products of textile fiber material and cushion distributed by your company from other products of textile fiber material and cushion in the market.

An exclusive trademark for textile fiber material and cushion is classified into Class 22 according to the current version of Nice Classification. Class 22 mostly covers canvas and other materials for making sails, rope, padding, cushioning and stuffing materials and raw fibrous textile materials; in particular:

- Cords and twines made of natural or artificial textile fibres, paper or plastics;

- Fishing nets, hammocks, rope ladders;

- Vehicle covers, not fitted;

- Certain sacks and bags not otherwise classified by function or purpose, for example, mesh bags for washing laundry, body bags, mail bags;

- Packaging bags of textile;

- Animal fibres and raw textile fibres, for example, animal hair, cocoons, jute, raw or treated wool, raw silk.

This Class excludes certain particular goods as below:

- Metal ropes;

- Strings for musical instruments and for sports rackets;

- Cushioning materials (lining) and stuffing made of paper or paperboard, or made of rubber or plastics;

- Some nets and bags which are classified according to their function and purpose, such as protective nets, luggage nets for vehicles, clothes bags when traveling, hair nets, golf bags, sports nets;

- Packing bags, not of textile fabric, graded according to their materials, for example, bags of paper or plastics, of rubber, of skin.

2. Why should you register an exclusive trademark for textile fiber material and cushion in Vietnam?

Along with the development of the general industry, the industry of manufacture and distribution of textile fiber material and cushion is a growing industry in Vietnam. It is getting more and more competitive and companies always have to find the different ways to build a brand and protect it for other competitors. One of the most effective ways is to register an exclusive trademark for the products of the company. You should carry out this procedure as soon as possible in order to receive the following outstanding benefits:

- Your products will be more recognizable than other products in the same category. It will be easier for customers to recognize and remember a product with an exclusive trademark, especially products of textile fiber material and cushion because these products often look similar.

- Other companies, organizations or individuals will not be able to register a trademark that is same or similar to your registered trademark. Accordingly, the position of your company will be strengthened in the market.

- Your register exclusive trademark will be protected by the law and competent state agencies whenever there is an infringement of other entities in terms of using or copying without your consent. The trademark owner has the right to ask the competent state agencies to handle such infringement.

- If your registered exclusive trademark become famous and other companies, organizations or individuals want to use it, you can earn extra money from licensing or transferring the registered exclusive trademark to other entities.

3. How to register an exclusive trademark for textile fiber material and cushion in Vietnam?

A dossier of trademark registration application for textile fiber material and cushion should be prepared with the following documents:

- 02 copies of the Declaration of trademark registration conforming to the prescribed form;

- 05 copies of Trademark samples (with the size is 80mm x 80 mm);

- List of products or services that the trademark will be used for;

- Authorization letter (if registering through representative);

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

4. Procedures to register an exclusive trademark for textile fiber material and cushion in Vietnam

An exclusive trademark for textile fiber material and cushion shall be processed through the following steps:

Step 1: Search of the trademark

The trademark can be searched in two methods: basic search or advanced search. The basic search has processing time from 01 day to 3 days, but the result maybe not completely accurate because the trademark is only searched on the published database of the National Office of Intellectual Property (NOIP) and the World Intellectual Property Organization (WIPO) while these data often being updated late. The advanced search often takes more processing time (from 3 days to 7 days) but the result will be more accurate because the trademark will be reviewed by the intellectual property experts at the competent state agencies.

Step 2: Submit the trademark application

The trademark registration dossier often is submitted to the official office of NOIP in Hanoi or applicant can choose to submit the application to one of two representative offices of NOIP in Da Nang or Ho Chi Minh city. Applicant can also submit it via postal services from other cities to the above offices.

Step 3: Examine the application form

The processing time of this step normally is from 01 to 02 months from the date of application submission. In this step, the authority will officially examine the trademark registration applications in terms of necessary documents; classifying, right to apply, etc., to decide whether the exclusive trademark registration application is a valid or invalid application.

Step 4: Publication of application

After issue the decision of a valid application, within 2 months, the competent state agency will publish your application on the Industrial Property Gazette, the published information contains 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: Examine the application content

The processing time of this step is from 09 months to 12 months from the date of trademark publication. In this step, the authority will examine the exclusive trademark application in terms of its content to decide whether the trademark meets all the prescribed conditions and the scope of protection to be issued the certificate.

Step 6: Issue the certificate

The applicant shall pay all state fees and charges for the issuance of a certificate fully and properly after receiving the notification of the NOIP. Within about 01 month from the date of the full payment, a Trademark registration certificate will be granted by the competent state agency.

5. Where to register an exclusive trademark for textile fiber material and cushion in Vietnam?

If foreign companies and individuals want to register an exclusive trademark textile fiber material and cushion in Vietnam, they can only register through an official industrial property representative organization in Vietnam according to the current provisions of intellectual property law.

The NOIP has approved Minh Khue Law Firm as an industrial property representative organization in Vietnam since August 2017; with the representative code is 226. Many trademarks of domestic as well as foreign 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 an exclusive trademark for textile fiber material and cushion 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