1. What are exclusive trademarks for firearms or fireworks?

Exclusive trademarks for firearms or fireworks are exclusive signs that are expressed in the form of letters, slogans, drawing or combinations of such elements and used to discriminate products of firearms or fireworks distributed or manufactured by a company from products of other companies in the market. These signs can be expressed in one color or some colors.

Exclusive trademarks for firearms or fireworks are classified into Class 13 of Nice Classification which mainly includes firearms and pyrotechnic products; in particularly includes:

- Rescue flares, explosive or pyrotechnic;

- Flare pistols;

- Sprays for personal defense purposes;

- Explosive fog signals, signal rocket flares;

- Air pistols being weapons;

- Bandoliers for weapons;

- Sporting firearms, hunting firearms.

This Class does not include certain particular products as below:

- Grease for weapons;

- Blades being weapons;

- Telescopic sights for firearms;

- Flaming torches;

- Toy air pistols;

- Matches.

2. Why should you register exclusive trademarks for firearms or fireworks in Vietnam?

The industry of manufacture of firearms and fireworks is a special industry where not every company can manufacture and distribute this type of products. Actually, the number of trademarks for products of firearms or fireworks is quite smaller than the number of trademarks for products in other class. However, companies still should carry out the procedure of exclusive trademark registration in Vietnam as soon as possible in order to receive huge advantages as below:

- Keep the trademark of the company from being used or copied by other companies, organizations or individuals without the consent of the company, thus strengthening the position of the company in the market.

- Create the legal ground for the competent state agencies to handle violations of other companies, organizations or individuals in the market. The registered trademark will be protected by law.

- After a certain period of time in the market, if the registered trademark becomes famous, the company can get more profit from licensing or transferring the registered trademark to others.

3. How to register exclusive trademarks for firearms or fireworks in Vietnam?

In order to register exclusive trademarks for firearms or fireworks, the applicant should prepare a trademark registration dossier with the following documents:

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

- 05 Trademark samples (80mm x 80 mm in size);

- List of goods/services that use the trademark;

- Power of attorney (if registering through representative);

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

4. Procedures to register exclusive trademarks for firearms or fireworks in Vietnam

Exclusive trademarks for firearms or fireworks usually go through the following process:

Stage 1: Trademark search

The trademark can be searched in two ways:

- Preliminary search: Is the search where the trademark is searched base on the database published by the National Office of Intellectual Property (NOIP) and the World Intellectual Property Organization (WIPO). The searching time is quick (from 1 day to 3 days) but the result may be sometimes incomplete and inaccurate.

- Advanced search: Is the search where the experts in the field of intellectual property at the competent state agencies will review the trademark. The processing time takes from 3 days to 7 days but the result usually is more accurate and complete (about 90%) than the preliminary search.

Stage 2: Trademark application submission

The trademark registration dossier often is filed in Ha Noi, to the office of NOIP; or to representative offices of NOIP in Da Nang or Ho Chi Minh city. In addition, the dossier can also be submitted indirectly via post office or couriers to the above offices.

Stage 3: Examine the form of the application

This examination takes from 01 to 02 months from the submission date. During this period, the NOIP will officially examine the trademark registration applications in order to evaluate whether the application is valid or invalid, thus making a decision to notify the acceptance of a valid application if the application meets the requirements.

Stage 4: Publication of application

In 2 months since the date of acceptance decision of a valid application, the application will be published on the Industrial Property Gazette by the NOIP, the application information 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 content of the application

This final examination takes from 09 months to 12 months from the publication date. During this period, the NOIP will examine the content of the application in order to evaluate the ability to be issued the certificate of the trademark under the prescribed conditions and the scope of protection.

Stage 6: Issuance of the certificate

After the applicant has paid the issuing fees and charges fully and properly, a Trademark registration certificate will be issued by the competent state agency and it will be recorded in the National Register of Industrial Property.

5. Where to register exclusive trademarks for firearms or fireworks in Vietnam?

In order to register exclusive trademarks for firearms or fireworks in Vietnam, foreign companies and individuals have to register the trademark through an official industrial property representative organization in Vietnam.

The NOIP has certified Minh Khue Law Firm as an official industrial property representative organization in Vietnam since August 2017, with the representative code is 226. The Intellectual Property Department of Minh Khue Law Firm has helped many clients to successfully register exclusive trademarks for their products and services 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 exclusive trademarks for firearms or fireworks 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