1. What is an exclusive trademark for machines, motors and engines?

An exclusive trademark is a unique sign which is visible and in the form of words, phrases, holograms and images or a combination of those elements. An exclusive trademark is used to identify a product or group of products and legally distinguish these products from other products in the market.

Machines, motors and engines are classified into Class 7 according to the latest version Nice Classification issued by the Nice Agreement. On the basis of the Nice Agreement, this international classification system used to classify goods and services for the purposes of trademark registration. The current Nice classification table includes Classes of goods (from Class 1 to Class 34) and Classes of services (from Class 35 to Class 45). Class 7 mainly includes machines and machine tools, motors and engines, in particular:

- Parts of all kinds of motors and engines;

- Electric cleaning and polishing machines;

- 3D printers;

- Industrial robots;

- Certain special vehicles not for transportation purposes.

This Class does not include the following products:

- Hand tools and implements, hand-operated;

- Humanoid robots with artificial intelligence;

- Treads for vehicles and tractors;

- Manual tools and hand tools;

- Motors and engines for vehicles on land.

- Other special machines;

2. Why should you register an exclusive trademark for machines, motors and engines in Vietnam?

Today, there are thousands of machine in the market and customers often feel difficult to remember a product or to distinguish different products in the same category. This is because manufacturers in this area normally do not pay enough attention to building a brand for their company and their products although this procedure is quite cheap and easy to proceed. By registering an exclusive trademark for machines, motors and engines products of your company, you will receive the following benefits:

- Create a legal basis for determining the legal owner of an exclusive trademark when there is any dispute with other competitors in terms of using the trademark.

- Prevent competitors from replicating or duplicating your company's trademark, thus enhance your competitive position in the market.

- Increasing the ability of consumers to distinguish products of your company from products of other companies.

- Prevent other companies from registering a similar trademark as their exclusive trademark before you, then you will not be allowed to use or register that trademark for your products.

- A famous trademark after being registered will bring profit to the trademark owner from the licensing or trading of the trademark as a property.

From the above analysis, you can see registering an exclusive trademark for machines, motors and engines products will bring outstanding advantages for your business. Therefore, you should carry out this procedure as soon as possible in order to secure the advantages and prevent potential risks.

3. How to prepare the application for registration of an exclusive trademark for machines, motors and engines in Vietnam?

3.1. Conditions to register an exclusive trademark

An exclusive trademark must meet the conditions as below in order to be registered and issued a Trademark Registration Certificate:

- Be a visible sign that is expressed in the form of letters, words, images or a combination of these elements.

- Be able to discriminate the products/services of one company from the products/services of other companies, organizations or individuals.

3.2. The dossier of an exclusive trademark registration

A dossier of exclusive trademark registration shall include documents and papers as below:

+ 02 Trademark application forms in accordance with the provisions of law;

+ 05 Trademark samples (size 80 x 80 mm);

+ Authorization Letter (if any);

+ Payment receipts of the fees and charges as prescribed.

The dossier should the following principles to be accepted as a valid application:

- One application is only for the registration of one exclusive trademark;

- All the documents and papers shall be made in accordance with the prescribed forms, the required information shall be fully filled;

- If a document is made in a language that is not Vietnamese, the document must be translated into Vietnamese;

- All the documents and papers shall be indicated vertically on A4-size papers (except for the separate documents and pages such as drawings, images or tables, these separate documents can be presented horizontally);

- The documents and papers shall have the page number in Arabic numerals if having more than one page;

- All terms used in the application shall be common words. The documents and papers shall use symbols, measurement units, electronic fonts, spelling rules in accordance with Vietnamese standards;

4. Procedures of registration of an exclusive trademark for machines, motors and engines in Vietnam

4.1. Create a trademark

You will proceed with the creation of the exclusive trademark base on the idea and demand of the company as well as base on the requirements to register an exclusive trademark for machines, motors and engines according to the provisions of Vietnamese law. If you already have a trademark to register, you can skip this stage and move to the searching stage.

4.2. Search the trademark

This is a necessary stage to check the possibility of trademark duplication before you officially submit your trademark to the competent state agency. There are two methods of search as below:

- Preliminary search: The preliminary search is a fast and free method. This way of trademark search usually takes only a few hours to be done, depending on your trademark and the group of products that the trademark attaches to. However, the preliminary search usually gives a result with a low accuracy rate. There is still some case that cannot be checked by the preliminary search such as there is a similar trademark registration application that has been accepted as a valid application but has not been issued a certificate. In this case, your trademark can be rejected because of the duplication.

- Advanced search: The processing time of the advanced search method is from 3 days to 7 days. This is longer than the processing time of the preliminary search method. When using this method of search, your trademark will be reviewed by experts in the intellectual property field, therefore, the result will have a higher accuracy rate (up to 98%) and the chance of successful registration will be higher.

4.3. File the application at the competent state agency

This is the first official stage in the process of registering an exclusive trademark for machines, motors and engines in Vietnam. The National Office of Intellectual Property (NOIP) is currently the only competent state agency to handle the trademark registration application and issue the Trademark Registration Certificate.

The trademark registration application can be filed directly at the National Office of Intellectual Property (NOIP) in Hanoi or through one of the two representative offices of NOIP in Da Nang City and Ho Chi Minh City. The process normally takes only one morning or afternoon.

Besides, the application can also be submitted via post or courier, the duration of this process will depend on the delivery time of the post office and your location.

4.4. Examination of the formal requirements of the application

The examination of the formal requirements of the application normally takes from 1 month to 2 months from the submission date.

In this stage, the competent state agency will examine the application in terms of formal requirements and determine whether all the requirements are satisfied or not. If there is a requirement that application does meet, the application will be decided as invalid and the NOIP will reject and return the application. On the other hand, the NOIP will issue a decision of valid application if all the requirements are met.

4.5. Public the trademark

Within 02 months from the date of issuing a decision on acceptance of the trademark registration application, the competent state agency will publish the trademark information in the Industrial Property Gazette. The trademark information includes the trademark sample and class of products/services attached by the trademark.

4.6. Examination of the content of the trademark registration application

The examination of the content of the trademark registration application normally takes from 9 months to 12 months from the date the trademark is published.

In this stage, the NOIP will examine the content of the application in order to determine whether the trademark is similar or cause confusion with registered trademarks that have been protected before. The competent state agency also needs to determine whether the trademark meets all the requirements to be protected. This stage is a fundamental basis for the issuance of a Trademark Registration Certificate. Therefore, the examination of the content of the application is the most important stage in the whole process.

4.7. Receive the protection title

According to the notification of the National Office of Intellectual Property, the applicant will pay the fee for the issuance of a Trademark Registration Certificate. The Trademark Registration Certificate will be issued if all the fees were paid fully and properly. This stage normally takes about 1 month.

5. Where to register an exclusive trademark for machines, motors and engines in Vietnam?

According to the current provisions of intellectual property law, foreign companies or individuals have to choose and apply through a licensed industrial property representation organizations in order to register a trademark for machines, motors and engines in Vietnam.

Minh Khue Law Firm is an industrial property representative that was licensed by the National Office of Intellectual Property in August 2017, with the representative code is 226. Minh Khue Law Firm is a high-quality and reputable intellectual property representative in Vietnam and has carried the procedures of registering a trademark in Vietnam for many domestic as well as foreign companies, organization and individuals.

You can contact and come directly to Minh Khue Law Firm for advice and guidance on implementing procedures of registration of trademarks for machines, motors and engines.
The procedure is proceeded by the Intellectual Property Department of Minh Khue Law Firm, address at 2nd Floor, FaFim Building, 19 Nguyen Trai, Khuong Trung Ward, Thanh Xuan 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: + 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.

You can refer to some trademarks of machines, motors and engines that were registered by Minh Khue Law Firm:

Register exclusive trademarks for products of machines, motors and engines in Vietnam?
Robin Trademark

Class 07: Engine-hanging frames, except those used for road vehicles; engines for boats; engines not for ground vehicles; centrifugal pump; pump [parts of machinery; machine or motor]; slitting machine; compaction tools [machines]; chain saws; cutting machine [machinery]; lawnmower; mixer; road roller; laminated machine; alternator generator; curling machine; Agricultural Machinery; pneumatic machine; motorized plows; generator; electricity production machines; agrimotor; road construction machines; animal food hash machine.

6. Contact to register an exclusive trademark for machines, motors and engines in Vietnam

Please contact: Minh Khue Law Company Limited

Address: 2nd Floor, FaFim Building, No. 19 Nguyen Trai, Khuong Trung Ward, Thanh Xuan District, Hanoi City

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