1. What is trademarks of leather bags and luggage products

A trademark of leather bags and luggage products is a sign used to distinguish products of this designer, manufacturer, company from the products of other designers, manufacturers or companies. The trademarks must be visible signs in the form of letters, words, images, pictures or a combination of these elements, indicated in one or some colors.

In this article, we will particularly introduce the registration procedure of trademarks of leather bags and luggage products and other products in Class 18 according to the provision of the current version of the Nice Classification. This group of products mainly includes leather, imitations of leather and certain goods made of those materials such as leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.

In particular, the group also includes below products:

- Luggage bags and carrying bags, for example, suitcases, chests, trunks, travel bags, bags for carrying infants, school backpacks;

- Luggage tags;

- Business card holder and pocket wallet;

- Leather box or briefcase.

The group does not include costumes, leggings and leather headwear for people; bags or briefcases exclusively for the products they are intended to contain, for example, laptop bags or camera bags ...; some products made of leather, imitation leather, animal skin, and hides are classified according to their function and purpose, for example, leather belts used for sharpening razors, polishing leather, ...

2. Why should you register exclusive trademarks for your products of leather bags and luggage

Like many other fashion items, leather bags and luggage are very popular products with a variety of types, shapes, designs, colors or functions. Therefore, the market for leather bag is especially competitive. One of the best ways to make your products stand out and attract more customer is creating and registering an exclusive trademark for your products of leather bags and luggage. Besides, registering an exclusive trademark for your leather products will also bring many benefits, we can point out some significant benefits as below:

- You will create your own unique brand in the market. After a certain period of time in the market, your brand can become a famous brand and the value of your products will increase significantly. A well-known trademark will also bring profit to the owner from selling or licensing the trademark.

- A registered exclusive trademark will be a legal basis for the trademark owner as well as competent state agencies to handle the act of copying, duplicating or using without permission.

- An exclusive trademark will increase the ability of the customer to recognize and distinguish your products from other products in the market.

- Registering an exclusive trademark also prevent other entities from registering that trademark as their intellectual property before you, then you are not allowed to widely use that trademark in your business.

From the above benefits, companies or individuals, who are having a trademark and want to use it for the products of leather bags and luggage, should proceed the procedure of registering exclusive trademark protection as soon as possible.

3. How to register exclusive trademarks of leather bags and luggage products

Firstly, the trademark owner should pay attention to the conditions of the trademark to be registered as an exclusive trademark according to the current provision of law:

- The trademark must be signs that are visible.
- The signs used as a trademark must be able to be distinguished from trademarks of other companies, organizations and individuals.

Secondly, the application to register trademark protection for leather bags and luggage products should include the following documents:

- Trademark registration declarations in accordance with the prescribed form (02 copies);

- Trademark Samples (05 copies) that are clearly presented with the size of 80mm x 80mm;

- List of the group of products that use the trademark;

- Power of attorney (if applying through a representative)

- Certified Copy of Business Registration Certificate (for companies) or Identity Card, Citizen Card, Passport (for individuals)

- 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).

Thirdly, the dossier must follow the conditions as below:

- Each application is only for issuing a certificate;

- All the dossier components must be made in Vietnamese. For documents written in other languages, they must be translated into Vietnamese;

- All papers in the dossier need to be presented in the vertical direction on an A4-sized paper (separate drawings, images or tables can be presented in the horizontal direction);

- The applicant should use prescribed form for required documents and all the required information must be filled appropriately;

- For documents that have more than one page, each page must include the page number in Arabic numerals;

- The words used in the application must be in common words (not using dialects, rare words, self-created words). Other symbols, measurement units, electronic fonts, spelling rules used in applications must be in accordance with Vietnamese standards;

4. Process of registering exclusive trademarks of leather bags and luggage products

Normally, the process of registration of exclusive trademarks of leather bags and luggage has the stages as below:

Stage 1: Preparation of the trademark that you intend to register

This is not an official stage in the process of registering exclusive trademarks. It depends on the request, requirements, ideas of the trademark with the exclusive trademark that intends to register. The trademark owner will design, create the trademark and the duration of this period is long or short depends on the designing time. If you already have a trademark, you can skip this stage.

Stage 2: Looking up trademarks

This is also not a mandatory stage, but it is a necessary stage that anyone that wants to register exclusive trademarks should carry out. During this stage, based on the trademarks provided by the clients, Minh Khue Law Firm will proceed research on the trademark to check whether there is a trademark that was registered and is identical, similar or confusing with the trademark that clients intend to register. This stage can be carried out in two ways as below:

- Preliminary trademark research: This way of research has the advantages of fast and free, it normally takes only 30 minutes to a few hours to be done, sometimes can take up to 3 days depending on the trademark and the group of products. However, the result of this method cannot be 100% accurate, there is still the possibility of duplication trademark because there are trademarks that have been published on the electronic database of industrial property but have been applied for protection in reality.

- Intensive trademark research: Although this way of research method may take a longer time (from 3 to 7 days), the result of the intensive trademark research will be much higher than the preliminary research (up to 98% accurate). The trademark will be reviewed and counseled by experienced experts in the intellectual property field. Thus, the chance of successful registration will be higher. We usually encourage our clients to use this method of research because of its benefits, avoid the case of rejection of the applications.

Stage 3: Fill the application to the competent state agency

The only competent state agency to examine and issue trademark registration certificates in Vietnam is the National Office of Intellectual Property of Vietnam (NOIP). The application can be submitted directly at the NOIP or through one of the two representative offices of the NOIP in Da Nang City and Ho Chi Minh City. It only takes one morning or afternoon to finish the submission.
The application can also be submitted by post, the submission time depends on the delivery time of the post office.
If clients register exclusive trademarks through Minh Khue Law Firm, we will carry out all the procedures for you, clients will not need to travel nor directly submit the application.

Stage 4: Examine the form of the exclusive trademark registration application

In this stage, the competent state agency will conduct the evaluation and decide if the requirements in terms of the form of the application for trademark protection is correct or not. If the application is valid, the NOIP will issue a decision of valid application and publish the information in the Official Gazette.

The processing time of this stage is from 01 month to 02 months from the submission date.

Stage 5: Publishing the trademark in the Industrial Property Gazette

After the previous stage, the trademark information will be published in the official Industrial Property Gazette. The publication content includes the sample of the trademark and the list of products that use the trademark.

The trademark will be published within 2 months from the date the application is approved.

Stage 6: Examination of content of the exclusive trademark registration application

In this stage, the competent state agency will appraise the content of the application and decide if the application is similar or confusing to well-known brands or with other protected trademarks, does the trademark meet all the requirements to be protected? This is the longest and the most important stage in the total process of registering exclusive trademarks. The stage of content examination will be the basis for the competent state agency to decide to issue a trademark registration certificate.

The processing time of this stage is about from 9 months to 12 months from the date the trademark is published in the Industrial Property Gazette.

Stage 7: Issuance of the Trademark Registration Certificate

After paying fully and timely the fees and charges according to the notice of the NOIP, the trademark owner will be issued a Trademark Registration Certificate.

The processing time for this final stage depends on the time that all the fees are paid, usually it takes about 1 month.

5. Where to register exclusive trademarks of leather bags and luggage products

If you are a foreign company or individual and want to register exclusive trademarks for your products of leather bags and luggage in Vietnam, you can only register through a licensed industrial property representation organizations in accordance with the current provisions of Vietnamese intellectual property law.

Minh Khue Law Firm is high quality and reputable legal industrial property representation organization which was licensed by the National Office of Intellectual Property to carry all the procedure of registration of exclusive trademarks in Vietnam for domestic as well as foreign companies, organization and individuals. Minh Khue Law Firm was licensed in August 2017, with the representative code is 226.

You can contact and come directly to Minh Khue Law Firm for advice and guidance on implementing procedures of registration of trademarks for your products.
The procedure is carried out by the 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 leather bags and luggage products that were registered by Minh Khue Law Firm:

Register exclusive trademarks for products of leather bags and luggage in Vietnam?

Globilis Trademark

Class 18: Backpacks; bags for sports; school bags; travel bags; travel suitcase; umbrella.
Register exclusive trademarks for products of leather bags and luggage in Vietnam?
El Fénix Trademark
Class 18: Leather briefcases; backpack; handbag; leather or leatherette boxes; handbag for women; suitcase.

6. Contact to register a trademark of leather bags and luggage products

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 - Lawyer: To Thi Phuong Dzung Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited