1. What are trademarks for musical instruments?

Trademarks for musical instruments are signs used to distinguish products of musical instruments from different products of other companies, organizations or individual. The signs used as trademarks may be words, images, logos or combinations of these elements expressed in one or more colors.

According to the current provisions of Nice Classification, trademarks for musical instruments shall be classified into Class 15. This Class mainly includes musical instruments, their parts and their accessories such as:

- Mechanical piano and their accessories;

- Box with music;

- Electric and electronic instruments.

This Class excludes certain products as below:

- Apparatus for the recording, transmission, amplification and reproduction of sound, for example, electric and electronic effects units for musical instruments, wah-wah pedals, audio interfaces, audio mixers, equalisers being audio apparatus, subwoofers;

- Downloadable music files;

- Downloadable electronic sheet music, printed sheet music;

- Juke boxes, musical;

- Metronomes;

- Musical greeting cards.

2. Why should you register trademarks for musical instruments in Vietnam?

The market for musical instruments is a developing market in Vietnam with more and more companies and individuals doing business in this market. Along with this development, companies need to pay more attention to the protection of trademarks of their products. By registering trademarks for musical instruments, trademark owners can get outstanding advantages as below:

- If your products attach with a registered trademark, the products will be more attractive and recognizable than other products without a trademark. If customer can recognize and remember your products, they will prefer to buy your products than others.

- After register the trademarks, trademark owners will have the exclusive rights to use the trademarks for their products and no one can use those trademarks without their consent. Besides, if there is any entity use or copy the registered trademarks without the consent, the trademark owners can ask the competent state agencies to intervene and handle such violations.

- Companies or individuals who own the registered trademarks can also license other entities to use or transfer the trademark as an asset of to receive extra profit.

3. How to register trademarks for musical instruments in Vietnam?

A dossier of trademark registration for musical instruments normally contains documents as below:

- 02 Declaration of trademark registration (according to the form set by the competent state agencies);

- 05 Trademark samples (maximum size 80mm x 80 mm);

- List of goods and services that the trademark will be applied for;

- Document proving the registering right in case the applicant obtains the right to from another person;

- Authorization letter (if applying through representative);

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

4. Procedures of trademarks for musical instruments in Vietnam

The dossier of registration of trademarks for musical instruments normally goes through the following procedures:

First stage: Search the trademark

There are two methods to search for a trademark:

- Preliminary search: The preliminary search normally is carried out within from 1 day to 3 days. The trademarks will be searched preliminarily in the digital database of industrial property. The searching result of this method normally has a low precision rate (about 60%).

- Advanced search: The advanced search usually is proceeded and finished within 7 days. During this searching period, the trademarks will be searched by the experts in the field of intellectual property and the searching result usually has a higher precision rate (about 90%).

Second stage: Submit the application

The trademark registration dossier usually is submitted directly to the only competent state agency - National Office of Intellectual Property (NOIP) in Ha Noi city or to one of its two representative offices in Da Nang city and Ho Chi Minh city. Besides, in case the applicant is not in the above cities, the application dossier can be submitted indirectly via post office or couriers.

Third stage: Examine the application and publish the valid application

In this stage, the applying trademark will be formally assessed by the authority.

The first assessment is the assessment of the form of the trademark registration application. Within 01 month to 02 months since the date the application is filed, the NOIP will issue the decision on whether the trademark registration application is a valid or invalid application in the respect of formal requirements.

If the dossier is accepted as a valid application, within 02 months from the date of the decision, NOIP will publish the trademark application information on the Industrial Property Gazette, including: the trademark sample; basic information of the applicant and owner; and the list of goods and services that accompanied by the trademark.

The finial assessment is the assessment of the content of the trademark registration application. Within 9 months to 12 months from the date of trademark application publication, the NOIP will determine whether the trademark is similar or identical to or may cause confusion with protected trademarks. If the trademark meets all the requirements, the NOIP will issue a decision to grant a Trademark Registration Certificate.

Final stage: Issue of the certificate

Within 01 month from the date applicant finish paying all the requested state fees and charges fully and properly, the NOIP will grant a trademark registration certificate for the corresponding trademarks.

5. Where to register trademarks for musical instruments in Vietnam?

In accordance with the provisions of Vietnamese intellectual property law, foreign companies and individuals can only submit a trademark registration through an industrial property representative organization in Vietnam. Minh Khue Law Firm was officially licensed to operate as an industrial property representative organization since August 2017 to carry out all the procedures of trademark registration. Our representative code is 226.

The Intellectual Property Department of Minh Khue Law Firm has helped many domestic as well as foreign clients to register their exclusive trademarks 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 musical instruments that were registered by Minh Khue Law Firm:

Register trademarks for musical instruments in Vietnam?

Sao Truc Minh Hue Trademark

Class 15: Flutes; bamboo flutes.

6. Contact to register trademarks for musical instruments 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