1. What is an exclusive trademark of home appliances

Firstly, an exclusive trademark is a unique symbol or word(s) or a combination of both, used to represent a group of products or service provided by a company, organization or individual. An exclusive trademark is used to discriminate product groups of this organization, individual from the same product groups of another individual, organization Once registered, that trademark cannot be used by any other company, organization, and individual without the consent of the trademark owner.

In this article, we will provide information about registration of exclusive trademarks of home appliances in Class 11 (according to the Nice Classification) in Vietnam. The home appliances in this class are apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes. This group of products mainly include environmental control apparatus and installations, in particular, for the purposes of lighting, cooking, cooling and sanitizing, in particular as follow:

- Air conditioners;

- Heating beds, water heaters, electric or non-electric heating cages;

- Electric heating pads and blankets, not for medical purposes;

- Electric heating clothes;

- Electric kettle;

- Electric cooking appliances.

This group of products does not include steam generator (part of machines); air condensers; current generators, generators of electricity; soldering lamps, optical lamps, darkroom lamps, lamps for medical purposes; and other equipment that are not for purpose of household application.

2. Why should you register an exclusive trademark for home appliances

There are more and more home appliances are produced and sold in the market today, therefore, it is important to make your products are more noticeable than other product in the same category. One of the best ways to make your products stand out from the market is registering an exclusive trademark for the product. Besides, products in this category are usually copied and counterfeited, leading to a big effect on the reputation of the legitimate trademark owner. After registering an exclusive trademark for the product, company, organization and individual who are the owner of the trademark will be protected by the competent authorities and can be compensated for the damage caused by violations.

Another benefit of trademark registration is that it will stimulate the development of the businesses. The registration of the trademark will be an affirmation to the customer that the product is sold by a reliable and reputable company, thus creating an absolute trust for customers. When your products are selected by customers, it means that the profits will increase and promote the development of the company and business. Moreover, a certificate of trademark registration will be the golden ticket to enhance the circulation of your products in the country and abroad.

With all that outstanding benefit, Minh Khue Law Firm always encourages our clients to register their exclusive trademarks for their home appliances as soon as possible in order to ensure the best benefit and legal rights of the trademark owner.

3. How to register an exclusive trademark for home appliances in Vietnam?

3.1. Conditions to register an exclusive trademark:

The trademark owners need to make sure their trademarks meet the following conditions in order to be registered as an exclusive trademark:

- It is a visible sign in the form of letters, words, drawings, images, including holograms or a combination of those elements, expressed in one or more colors.

- The trademark must be able to distinguish the goods/services of the trademark owner from the goods/services of the other subject. Trademarks are considered to be distinguishable if they are made up of one or more easily identifiable and memorable elements, or from a combination of factors into a whole that is easily identifiable and memorable and not belonging to cases under clause 2 Article 74 Intellectual Property Law 2005. Easy to recognize and remember is understood that when observed, consumers can be impressed and saved in their memory, and consumers can also easy to identify and distinguish that trademark from other trademarks.

3.2. An application dossier for registration of exclusive trademarks should include:

- Trademark registration declarations according to the form (02 copies);

- Trademark Sample (05 copies). Trademark samples must be clearly presented with the size of each component in the trademark is not greater than 80mm and not less than 8mm, the overall trademark must be presented in the trademark template with size 80mm x 80mm printed on the Declaration.

- Copies of fee and charge receipts (in case of paying fees and charges via postal services or directly transfer into accounts of the National Office of Intellectual Property).

- Power of attorney (if any)

- Copy of Business Registration Certificate

- List of goods which use the trademark.

3.4. Note when preparing application dossiers:

- The description of the trademark in the Declaration must clarify the distinctive ability of the trademark, which must clearly indicate each element of the trademark and the overall meaning of the trademark. If the trademark contains non-Vietnamese words, the pronunciation must be clearly stated (transcribed into Vietnamese) and if the word has a meaning, it must be translated into Vietnamese.

- If the letters and words requested for protection are presented in graphical form as a distinguishing factor of the trademark, the shape of those words must be described.
- If the trademark contains numerals that are not Arabic numerals or Roman numerals, it must be translated into Arabic numerals.
- If the mark consists of several separate parts but is used simultaneously on a product, the position of each part of the mark on the products or product packaging must be clearly stated.
+ Sample of trademark attached in the Declaration as well as other trademark samples are clearly presented with the size must not exceed the frame 80 x 80 mm and the distance between the two closest points must not be less than 15 mm .
- If the owner requests to protect the trademark color, the trademark samples must be presented in the true color.
- If no color protection is required, all trademark samples must be presented in black and white.

4. Processing time to register an exclusive trademark of home appliances

The process of registration of a trademark of home appliances normally go through the following stages:

Stage 1: Prepare the trademark that intends to register

This is the stage is not regulated according to the provisions of intellectual law. The duration of this stage is long or short depends on the demands, needs, ideas as well as requests of the trademark owner with the exclusive trademark that intends to register.

Stage 2: Searching the trademark

During this stage, based on the trademark the clients have created, Minh Khue Law Firm will conduct a trademark search for checking whether the trademark is identical, similar or confusing with previously registered trademarks. The search for an exclusive trademark can be done in two ways as follows:

- Preliminary search: This method usually takes only 30 minutes to a few hours to be done, sometimes it can take from 1 to 3 days if there are many product/service groups registered for that trademark. The preliminary search has the advantage of fast and free, but it cannot be 100% accurate, the possibility of duplication cannot be identified exactly because there are trademarks that have been applied for protection but have not been published on the Industrial Property Digital Library.

- Advanced trademark search: This method may take from 3 to 7 days, depending on the trademark, the goods/service group that registered the trademark. The advanced search for an exclusive trademark will be consulted by experienced experts in registering trademark protection for customers with an accuracy of up to 98% or higher. The higher rate of the trademark search is, the higher chance of a successful registration you have. Therefore, we encourage clients to use this method of searching to save time and costs, avoid the case of rejection because of duplicated, similar, and confusing applications.

Stage 3: Submitting the application

- If the application is filled directly at the National Office of Intellectual Property (NOIP) or through one of the two representative offices in Da Nang City and Ho Chi Minh City, it can be done in only one morning or afternoon.
- If the application is submitted by post or courier, the delivery time will be longer, depending on the shipping time of the post office.
- If you applying through an intellectual property representative organization (like Minh Khue Law Firm), the service provider will carry out all the procedures for clients, you do not need to travel, nor need to directly submit.

Stage 4: Appraisal of the form of the trademark registration application

During this period, the NOIP will evaluate and determine whether the application for trademark protection is correct, sufficient and accurate. If the information or the form of the application is incorrectly declared, the application will be rejected and returned to the owner. If the application is valid, the competent state agency will issue a decision of valid application and publish in the Official Gazette.

Stage 5: Publishing the statements in the Industrial Property Gazette

After the exclusive trademark application is determined as a valid application, the application will be published in the official Industrial Property Gazette within 2 months from the date the exclusive trademark application is approved.

The content of the publication of an exclusive trademark application includes the following information: The sample of the trademark and the list of products/goods/services attached.

Stage 6: Examination of content of the application

The processing time for content examination of an exclusive trademark application is about from 9 months to 12 months from the date of publication in Stage 5. This stage is usually considered the longest and the most important period in the total process of exclusive trademark registration. During this stage, the NOIP will determine whether is the application similar or confusing to well-known brands or with other protected trademarks? Are all the conditions to protect the trademark are met? Thus, this will be the basis for NOIP to decide to issue a protection tile for the trademark.

Stage 7: Receiving the Exclusive Trademark Registration Certificate

The applicant will pay the fee for granting the exclusive trademark protection title in accordance with the law and notification of the NOIP. After that, the competent state agency will issue an exclusive trademark protection certificate to the trademark owner. The time in this period is fast or slow depending on the fee and issuance of the Protection Title, usually about 1 month.

5. Where to register exclusive trademark protection for home appliances

According to the current provisions of Vietnamese intellectual property law, foreign companies, organizations or individuals can only register a product trademark in Vietnam through an industrial property representation organizations in Vietnam. Minh Khue Law Firm is currently an industrial property representation organization which was registered and certified legally according to the law in order to carry out the procedures of registration of an exclusive trademark for domestic as well as foreign companies, organizations and individuals in Vietnam. Minh Khue Law Firm was licensed by the NOIP as a legal industrial property representation organization in August 2017. The representative code of Minh Khue Law Firm is 226.

All companies, organizations or individuals who want to register an exclusive trademark for their home appliances in Vietnam can come to Minh Khue Law Firm for advice and guidance on implementing procedures.
The procedure of trademark registration is carried out by Intellectual Property Department of Minh Khue Law Firm, address 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: + 84 986 386 648

The dossier is filed 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 of home appliances that were registered by Minh Khue Law Firm:

How to register exclusive trademark of home appliances class in Vietnam

FUTASI Trademark

Class 11: Drinking water filters; stove; cooking systems and equipment; drying equipment; lights; Multi-purpose cooking pot.

Register exclusive trademark of home appliances?

Class 11: Microwave [cooking equipment]; cooking stove; oven; sanitary systems and equipment; drying system and equipment; Water purification equipment.

Register exclusive trademark of home appliances?

Vina LIFE Trademark

Class 11: Sanitary systems and equipment; shower; equipment for baths; toilet toilet; Water purification equipment; water purification equipment; equipment and machinery for cleaning water; multi-purpose cooking pot; cooking stove; cooking systems and equipment; electric cooking utensils; fan [air conditioner]; heating equipment; Heating and electric equipment.

6. Contact to register an exclusive trademark of home appliances 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: +84 986 386 648 (meet Lawyer: To Thi Phuong Dzung)

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited