1. What are exclusive trademarks for jewellery?

Exclusive trademarks for jewelley are exclusive signs that are used to discriminate jewellery products of a company or individual from jewellery of other companies or individuals in the market. Exclusive trademarks can be presented in the form of characters, sentences, symbols, images or combinations of those elements; the signs can also be expressed in a single color or multi colors.

According to the Nice Classification established by the Nice Agreement, exclusive trademarks for jewellery are classified into Class 14. This Class mainly covers precious metals and certain goods made of precious metals or coated therewith, as well as jewellery, clocks and watches, and component parts therefor; such as:

- Jewellery, including imitation jewelry, for example, jewellery for clothing;

- Belts, cufflinks, necktie clamps;

- Key chains, key chains and small beads/jewellery for them.

- Jewelry worn, attached on necklaces, bracelets;

- Jewellery box;

- Parts of jewellery, clocks and watches, for example hooks and beads of jewellery, movement of watches, clocks, watch springs, crystal watches.

This Class does not include certain goods as below:

- Smartwatch;

- Decorative details, except for jewelry, rings or key chains;

- Art products not made of or covered with precious metal are to be classified according to the material produced, for example, metal artworks, stone, cement or marble, of wood, wax, plastic or plaster ...;

- Certain goods made of precious metal or covered with precious metal are classified according to their function or purpose, for example, metals in the form of leaves and powders for use in painting, decorating and printing and arts, copper amalgams for dentistry, cutlery, electrical switches, gold pencil tips, teapot, embroidery of gold and silver, cigar boxes;

2. Why should you register exclusive trademarks for jewellery in Vietnam?

Nowadays, when the quality of life is improving, the demand for beauty is also increasing. Along with the demand, the jewelry market is growing significantly with a variety of designs and materials with a number of famous jewellery companies. In a competitive market like that, in order to make the products stand out from other famous products, jewellery suppliers of should register exclusive trademarks for their jewellery products as soon as possible. The companies, individuals who register their exclusive trademarks for jewellery will enjoy the great benefits as below:

- With a registered trademark, the products of your company will be more attractive and recognizable than other products in the market.

- Registering exclusive trademarks will also keep other companies or individuals from using your trademark for their products, thus, enhance your position in the market. Other entities also cannot register a trademark that is similar of identical to your protected exclusive trademarks.

- Create the legal basis for the competent state agencies to conduct administrative actions to handle violations of other entities.

- Bring more profit for the trademark owner from licensing or transferring the registered exclusive trademarks.

3. How to register exclusive trademarks for jewellery in Vietnam?

In order to register exclusive trademarks for jewellery in Vietnam, the application dossier should contain the following documents and papers:

- Declaration of exclusive trademark registration (2 copies);

- Trademark samples (05 copies, each sample does not exceed 80mm x 80 mm) attached with the list of goods and services that the trademark will be applied for;

- If the applicant receives the right to register from another person, documents proving the right to register should be provided;

- Document proving the right of priority in case there is a claim of priority;

- Power of attorney (if applying through representative);

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

4. Procedures of exclusive trademark registration for jewellery in Vietnam

The registration of exclusive trademarks for jewellery normally includes the following procedures:

First stage: Initially check the trademark

There are two methods to check a trademark:

- Preliminary check: The trademark will be searched on the digital library of industrial property with the checking time is up to 3 days. This method normally has a low accuracy rate (about 60%). There is still a chance that a trademark cannot be searched on the digital library because it has not been published yet.

- Advanced check: The trademark will be search in the internal records of competent state agencies by the specialists in the field intellectual property with the checking time is up to 7 days. This method usually has a higher accuracy rate than the first one (about 90%).

Second stage: Submit the application

The exclusive trademark application dossier for jewellery shall be submitted to the National Office of Intellectual Property (NOIP) directly to its office in Ha Noi city or to one of its two representative offices in Da Nang city and Ho Chi Minh city; or indirectly via post office or couriers.

Third stage: Examination of the application and publication of valid application

In this stage, your trademark will be formally examined by the authorities.

After being submitted, the application will be examined by the competent state agency in respect of formal requirements within from 01 month to 02 months. Base on this first examination, the NOIP will decide whether to accept your application as a valid application or not.

Within 02 months from the date of valid application decision, the NOIP will publish the trademark application on the Industrial Property Gazette with information includes trademark sample, information of the applicant and owner; the list of goods and services that accompanied by the trademark.

Within from 9 months to 12 months from the date of trademark publication, your application will be examined in terms of its content to decide whether the registering trademark satisfy all the requirements to be granted a Trademark Registration Certificate.

Final stage: Issuance of the certificate

After about 01 month from the date of finishing the payment of all the requested state fees and charges, the competent state agency will grant a Trademark registration certificate for the trademark owner.

5. Where to register exclusive trademarks for jewellery in Vietnam?

According to the intellectual property law of Vietnam, foreign companies, organizations and individuals must register through an industrial property representative organization in Vietnam like Minh Khue Law Firm. Minh Khue Law Firm was approved to operate as an industrial property representative organization, since August 2017, with the representative code is 226.

Our Intellectual Property Department has registered many trademarks for domestic and foreign clients successfully in Vietnam.

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: Flat No. 2007, C2 building, Vincom Tran Duy Hung, Trung Hoa ward, Cau Giay district, Ha Noi city.

You can refer to some exclusive trademarks for jewellery that were registered by Minh Khue Law Firm:

Register exclusive trademarks for jewellery in Vietnam?

NGS ROSE Trademark

Class 14: Jewelry; gemstone; clock; eardrop; precious metal badge; chain [jewelry].

6. Contact to register exclusive trademarks for jewellery 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