1. What are trademarks for products of carpet?

Trademarks for products of carpet are unique signs which distinguish your products of carpet from products of other companies or individuals in the market. Trademark can be expressed in one or more colors; in the form of characters, symbols, slogans, drawings or combinations of all these elements.

Trademarks for products of carpet are usually categorized into Class 27 of the Nice Classification. Class 27 comprises mostly products intended to be added as coverings to previously constructed floors and walls; in particular:

- Automobile carpets;

- Mats being floor coverings, for example, bath mats, door mats, gymnastic mats, yoga mats;

- Artificial turf;

- Wallpaper, including textile wallpaper.

This Class excludes some following products:

- Floors, floorings and floor tiles of metal and not of metal, wooden floor boards;

- Electrically heated carpets;

- Geotextiles;

- Mats for infant playpens;

- Wall hangings of textile.

2. Why should you register trademarks for products of carpet in Vietnam?

Nowadays, there are thousands of products of carpet in the market with different forms, shapes or colors. However, customers can only remember a few brands of products in this market. From this reality, new or small companies need to carry out the procedure of trademark registration as soon as possible in order to be recognizable and stand out from other companies in the market. Besides, registering trademarks for products of carpet also bring other important benefits for the trademark owners such as:

- Protect your trademarks of products from being copied, duplicated or used by other companies, organizations or individuals without your consent. The trademark owner has the exclusive right to use the trademark after it has been registered and protected.

- Establish the legal basis for the trademark owner to ask competent state agencies to handle violations of other entities.

- Prevent other companies, organizations or individuals in the market from registering your trademark or a trademark that is similar or identical to yours.

- Bring more money for the trademark owner when licensing or transferring the trademark to other entities.

3. How to register trademarks for products of carpet in Vietnam?

According to the provisions of intellectual property law, a dossier of trademark registration for products of carpet comprises the documents as below:

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

- Trademark samples (05 copies with a maximum size is 80mm x 80 mm);

- List of services and/or goods that attached by the trademark;

- Power of attorney (if any);

- Receipt of state fees and charges (in case the applicant pay the fees and charges via postal services or directly pay into accounts of the issuing agencies);

4. Process of trademark registration for products of carpet in Vietnam

Normally, a process of trademark registration for products of carpet shall have the following procedures:

First step: The trademark search (not compulsory)

There are two ways to search a trademark: preliminary search and advanced search. If carry out the preliminary search, the trademark will be searched on the online database provided by the competent state agency with the processing time is from 01 day to 3 days; the result of this method normally has a low accuracy rate (around 60%). If carry out the advanced search, the trademark will be searched by the experts in the field of intellectual property at the competent state agencies with the processing time is from 3 days to 7 days; the searching result has higher accuracy (about 90%).

Second step: The application submission

You can submit the trademark application dossier directly to the office of NOIP in Ha Noi or to the NOIP’s representative offices in Da Nang or Ho Chi Minh city. Besides, you can also submit your trademark application dossier via post office or couriers to the above offices if you are not in these cities.

Third step: Application form appraisal

In this procedure, your application will be appraised officially by the competent state agency to determine whether the application is valid or invalid in terms of formal requirements such as necessary documents; classifying, right to apply, etc. This procedure takes from 01 to 02 months from the date of application submission.

Fourth step: Publication of application

The competent state agency will publish the information of your trademark application on the Industrial Property Gazette within 2 months from the date of the decision of a valid application. The information that will be published includes the trademark sample, list of goods/services accompanied by the trademark and the information of applicant/trademark owner and the representative organization (if any).

Fifth step: Appraise the application content

In this procedure, your application will be appraised by the competent state agency to determine whether your trademark may cause confusion with other registered trademarks and whether it meets all the prescribed criteria and the scope of protection. This procedure takes from 09 months to 12 months from the date of trademark publication.

Sixth step: Issuance of the protection title

The NOIP shall issue a trademark registration certificate for you within about 01 month from the date you pay the fees and charges fully and properly as prescribed.

5. Where to register trademarks for products of carpet in Vietnam?

If you are a foreign company or individual and you want to register trademarks for your products of carpet in Vietnam, you can come to Minh Khue Law Firm to proceed with the procedures. According to the intellectual property law of Vietnam, foreign companies, organizations or individuals can only register their trademarks through an official industrial property representative organization like Minh Khue Law Firm.

Since August 2017, Minh Khue Law Firm has been licensed by the NOIP to operate as an official industrial property representative organization in Vietnam with the representative code is 226. The procedure of registration for trademarks of clients will be handled and carried out by our Intellectual Property Department.

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.

6. Contact to register trademarks for products of carpet 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