1. What are trademarks for metals and metal construction materials?

Trademarks for metals and metal construction materials are unique signs that are used to create the distinction between metals and metal construction materials of one company and products of other companies in the market. The trademark can be designed in the form of letters, words, symbols, diagrams or combinations of those elements; presented in a single color or multi colors.

Trademarks for metals and metal construction materials are classified into Class 06 in accordance with the Nice Classification established by the Nice Agreement. Class 06 mainly includes unwrought and partly wrought common metals, including ores, as well as certain goods made of common metals; in particular:

- Leaf or powder metal for further processing, for example, 3D printers;

- Metal construction materials, for example, metal materials used for rail rails, pipes and metal pipes;

- Goods of metal and small objects made of metal, for example, bolts, screws, nails, small wheels of furniture, latches, window clasps;

- Metal structures or constructions, for example, houses, swimming pools, wild animal cages, prefabricated ice rinks;

This Class particularly does not include the following goods:

- Metals and ores are used as industrial chemicals or in scientific research according to their chemical properties, for example, bauxite, mercury, antimony, alkali metal and alkaline earth;

- Leaf and powder metals used in painting, decoration, printing and art;

- Conductive cables and non-metal cables and ropes not used for conducting electricit;

- Piping that is a part of sanitary ware, non-metal hoses and hoses, and non-metal rigid, pipes (Cl. 19);

- Cages for domestic pets;

2. Why should you register trademarks for metals and metal construction materials in Vietnam?

The industry of metals and metals construction materials is a very big and developing industry in Vietnam. Although this is a big and competitive market, companies often forget to pay attention to the protection of the image of the companies. From both legal and economic point of view, this is a very necessary procedure and companies should register their trademarks for metals and metal construction materials as soon as possible, because of the following reasons:

- There are so many products of metals and metals construction materials in the market and customers often easy to forget the name of the company which they bought from. Registering trademarks for the products of the company will help customer distinguish your products from others and also help customers remember your products as well as your company longer.

- If you do not register trademarks for your products, competitors may copy or use your trademark for their products, thus causing confusion for customers and affect the revenue of your company. Besides, they can even register a trademark that is similar or identical to your trademark before you and if they register successfully, you will lose your own trademark.

- The registration of trademarks will establish the legal basis for the competent state agencies to handle violations in respect of trademark caused by other entities. Without trademark registration, your trademark is not protected by the law and competent state agencies.

- Last but not least, your trademark will bring extra profit for the company from licensing or transferring the trademark.

3. How to register trademarks for metals and metal construction materials in Vietnam?

In order to register trademarks for metals and metal construction materials in Vietnam, the following documents need to be prepared and included in the application dossier:

- Trademark registration declaration according to the prescribed form (2 copies);

- Trademark samples (05 copies, with the size of 80mm x 80 mm) and the list of goods and services that use the trademark;

- Document proving the right to register if the applicant receives the right to register from another person;

- Document proving the right of priority, if the claim is a priority;

- Power of attorney (if applying through representative);

- Papers that prove the payment of state charges and fees (if any);

4. Procedures of trademark registration for metals and metal construction materials in Vietnam

The trademark for metals and metal construction materials normally goes through the stages as below to be granted a registration certificate in Vietnam:

Stage 1: Prior check of the trademark

The trademarks can be checked in two ways:

- Preliminary check: With this way, your trademark will be checked preliminarily on the digital database of industrial property with the maximum processing time is 3 days. The result of this way normally has a low accuracy rate (about 60%);

- Official check: The trademark will be checked by the specialists in the field of intellectual property with the maximum processing time is up to 7 days. In this way, the result usually has a higher accuracy rate than the first way (about 90%).

Stage 2: Submission of the application

The trademark application dossier for metals and metal construction materials needs to be submitted to the National Office of Intellectual Property (NOIP). You can choose to submit 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. Besides, you can also submit the dossier indirectly via post.

Stage 3: Official examination of the application and publication of valid application

In this stage, your trademark will be examined officially by the NOIP.

Firstly, the competent state agency will examine your application dossier in respect of formal requirements. This examination is the ground for the NOIP to determine whether your application is a valid or invalid application. The examining time is from 01 month to 02 months from the date of application submission.

If the application is valid, the NOIP will publish it on the Industrial Property Gazette within 2 months from the date of the decision of valid application. The published information includes trademark sample, information of the applicant and owner; the list of goods and services that accompanied by the trademark.

After being published, within a period of time from 9 months to 12 months, your trademark will be examined in respect of its content. This stage is the most important stage in order to identify whether the registering trademark satisfies all the requirements to be granted a Trademark Registration Certificate.

Stage 4: Issuance of the certificate

After finishing the payment of all the requested state fees and charges, NOIP will issue the Trademark registration certificate according to the provisions of intellectual property law.

5. Where to register trademarks for metals and metal construction materials in Vietnam?

In order to register trademarks in Vietnam, all foreign entities (include companies, organizations and individuals) have to register through an industrial property representative organization in Vietnam like Minh Khue Law Firm. Minh Khue Law Firm was licensed to operating as an industrial property representative organization, with the representative code is 226, since August 2017.

Our Intellectual Property Department has helped many domestic and foreign clients to register their trademark 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: 384-386 Nguyen Trai street, Thanh Xuan Trung ward, Thanh Xuan district, Hanoi.

You can refer to some trademarks for metals and metal construction materials that were registered by Minh Khue Law Firm:

Register trademarks for metals and metal construction materials in Vietnam?

AP89 Trademark

Class 06: Metal lifting windows; metal shutters; metal turnstile; Metal windows.

6. Contact to register trademarks for metals and metal construction materials 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