1. What are exclusive trademarks for legal services, personal and social services?

Exclusive trademarks for legal services, personal and social services are special signs in the forms of words, characters, symbols or drawing that distinguish legal services, personal and social services of your company from services provided by other companies, organizations or individuals. The trademarks can be made in one color or many colors.

In order to be registered and issued a certificate, trademarks need to be classified into suitable Class of the Nice Classification. Trademarks for legal services, personal and social services are classified to Class 45 according to the Nice Classification. This Class mainly includes legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals; in particular:

- Services provided by lawyers, legal assistants, and personal advocates for individuals, groups, organizations and businesses;

- Investigation and monitoring services related to safety for people and tangible assets;

- Services for individuals involved in social events such as escort services, wedding services, funeral services.

Class 45 does not particularly include certain services as below:

- Professional services that directly support commercial activities or functions;

- Financial or monetary related services and insurance services;

- Escorting of travelers;

- Transportation with safety;

- Services of human education in any form;

- Performances of singers or dance artists;

- Computer programming services for software protection;

- Computer and internet security consulting services and data encryption services;

- Services provided by others for medical care, hygiene care or beauty care for people or animals;

- Some rental services.

2. Why should you register trademarks for legal services, personal and social services in Vietnam?

The market of legal services, personal and social services is developing significantly in Vietnam. There are more and more companies established and do business in this market to meet the growing demand of people. In a competitive market like this, companies should pay more attention at the protection of the trademark of the company. Although it is not a compulsory procedure according to the current provisions of intellectual property law, every company doing business in this market should register exclusive trademarks for their services as soon as possible in order to enjoy the great benefits as below:

Firstly, after registering exclusive trademarks, the trademarks will be protected by the law and the authorities will have the right to handle infringement of other entities if they use or copy your trademark without your prior consent. Besides, other entities will not be able to register a trademark that is similar or identical with your registered trademark.

Secondly, registering exclusive trademarks will strengthen the position of your company in the market. Customers will be easier to identify the trademark and can distinguish your company’s services from services provided by other companies.

Last but not least, after being used for services a certain period of time in the market, the trademark could become a famous trademark and other companies, organizations or individuals may want to use it. In this case, your company can earn extra profit from licensing or transferring the registered trademarks.

3. How to register trademarks for legal services, personal and social services in Vietnam?

A trademark registration dossier for legal services, personal and social services contains the papers and documents as below:

- 02 Trademark application forms in accordance with the form No. 04-NH (provided by competent state agencies);

- The list of services accompanied by the trademark and the corresponding Class according to the Nice Classification;

- 05 Trademark sample (each sample has the size of 80x80mm);

- Certified copy of business registration certificate, agreement contract, confirmation letter, consent letter, decision or establishment license, organization charter to prove the right to register;

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

- Letter of authorization (if any);

4. Procedures of trademark registration for legal services, personal and social services in Vietnam

In order to register exclusive trademarks for legal services, personal and social service in Vietnam, the applicant shall follow the steps as below:

Step 1: Search the trademark

Prior to the submission of the applicant, the applicant should search the trademark in order to be estimate the chance of success registration. There are two methods to search a trademark:

- Preliminary search: The trademark will be searched in within from 1 day to 3 days to see is there any trademark in the digital library of industrial property that is similar to the trademark. If yes, you will not be able to register this trademark. However, this method usually has a low accuracy rate, only about 60%.

- In-deep search: The trademarks for legal services, personal and social services will be searched within from 3 days to 7 days by intellectual property experts. After having the result, the experts will provide preliminary consultancy about the chance of success registration. The result of this method will have a high accuracy rate (about 90%).

Step 2: Submit the application

The trademark registration application for legal services, personal and social services need to be submitted to the National Office of Intellectual Property (NOIP) in Hanoi city because this is the only state agency competent to issue a trademark registration certificate. Besides, you can also submit the application to the NOIP’s two representative offices if you are in Da Nang city or Ho Chi Minh city; or you can submit the application indirectly via post by post offices or couriers if you are not in the above cities.

Step 3: Appraise the form of the application

The NOIP will appraise your trademark application to determine whether your trademark applicant meets all the requirements in terms of the subject of exclusion, the right to apply; and make a decision on whether it is a valid or invalid application. The appraising time is often from 1 month to 02 months since the date of application submission.

Step 4: Publish the trademark application

Within 2 months since the date the NOIP issue the decision of valid application, the information of trademark application will be published on the Industrial Property Gazette, including: trademark sample; information of the owner, and applicant; the lists of services accompanied by the trademark; and the Class of goods and services.

Step 5: Appraise the content of the application

The NOIP will examine your trademark application in terms of content of the trademark in order to decide whether to trademark is similar or cause confusion with a registered trademark, thus making the decision to issue a trademark registration certificate. The appraising time is normally from 9 months to 12 months since the date of application publication.

Step 6: Certificate issuance

After about 01 month from the date you pay all the state fees and charges fully and properly, the NOIP will issue a Trademark Registration Certificate.

5. Where to register exclusive trademarks for legal services, personal and social services in Vietnam?

Foreign companies who want to register exclusive trademarks for services in Vietnam need to register through an industrial property representative organization. Minh Khue Law Firm was licensed as an industrial property representative organizations in Vietnam since August 2017 with the representative code is 226.

All the procedure of trademark registration will be carried out by our Intellectual Property Department. Our office address is at 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.

You can refer to some trademarks for legal services, personal and social services that were registered by Minh Khue Law Firm:

Register trademarks for legal services, personal and social services in Vietnam?

MINH KHUE Trademark

Class 45: Consulting on intellectual property; copyright management; service of intellectual property licensing; intellectual property monitoring service; legal research services; litigation service.

6. Contact to register trademarks for legal services, personal and social services 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