1. What are trademarks for products of false hair and costume decoration?

Trademarks for products of false hair and costume decoration are unique signs which are in the form of characters, symbols, slogans, drawings or combinations of all these elements (expressed in one or more colors) and used to distinguish products of false hair and costume decoration distributed by one company from other products in the market.

Trademarks for products of false hair and costume decoration are usually classified into Class 26 of the Nice Classification. Class 26 contains mostly includes dressmakers' articles, natural or synthetic hair for wear, and hair adornments, as well as small decorative items intended to adorn a variety of objects, not included in other classes; in particular:

- Wigs, toupees, false beards;

- Hairpins, hair bands;

- Hair-wrapped nets;

- Zipper lock;

- Decorations, except for jewelery, key rings or key chains.

This Class excludes some following products:

- False eyelashes;

- Hooks being small items of metal hardware or non-metallic hardware, curtain hooks;

- Certain special types of needles, for example, tattoo needles, needles for surveying compasses, needles for medical purposes, needles for pumps for inflating balls for games;

- Hand implements for curling hair, for example, curling tongs, eyelash curlers;

- Hair prostheses;

- Jewellery charms, charms for key rings or key chains;

- Certain ribbons and bows, for example, paper ribbons and bows, other than haberdashery or hair decorations, rhythmic gymnastics ribbons;

- Yarns and threads for textile use;

- Christmas trees of synthetic material.

2. Why should you register trademarks for products of false hair and costume decoration in Vietnam?

Although the market for products of false hair and costume decoration is a new market, there are already thousands of products in the market and customers normally cannot recognize or remember any different products. This is because these products usually have a similar appearance without any unique trademark. By registering trademarks of products of false hair and costume decoration, companies or individuals will receive the following benefits:

- A registered trademark will increase the distinctive ability of the products, thus making customers easier to recognize and remember the product.

- A trademark can only be protected by the law and authority after being registered according to the provisions of intellectual property law. After being protected, the competent state agencies will have a legal basis to handle violations in terms of using or copying the trademark without the acceptance of the trademark owner.

- Other companies, organizations or individuals will not be able to register a trademark which is similar or identical to a protected trademark, accordingly, enhancing the position of the company in the market.

- If there is another company, organization or individual wants to use a registered trademark, the trademark owner can receive more money from licensing or transferring the trademark.

3. How to register trademarks for products of false hair and costume decoration in Vietnam?

A dossier of trademark registration for products of false hair and costume decoration contains the papers as below:

- 02 Trademark registration declarations following to the prescribed form;

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

- List of services and/or products that accompanied by the trademark;

- Power of attorney (in case of registering through representative);

- 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 false hair and costume decoration in Vietnam

The process of trademark registration for products of false hair and costume decoration normally includes steps as below:

Step 1: The trademark search

There are two ways of trademark search: preliminary search and in-depth search. With the preliminary search, the trademark is searched on the online library published by the National Office of Intellectual Property (NOIP) and the World Intellectual Property Organization (WIPO), the processing time is from 01 day to 3 days and the result normally has the accuracy rate around 60%. With the in-depth search, the trademark is searched in the records in real-time by the intellectual property specialists at the competent state agencies, the processing time is from 3 days to 7 days and the result has a higher accuracy rate than the first way (about 90%).

Step 2: The application submission

The applicant can file the application dossier directly to the NOIP’s office in Hanoi or choose to file to one of two representative offices of NOIP in Da Nang or Ho Chi Minh city. In addition, the applicant can file the application via post office or couriers from other cities to the above offices.

Step 3: Application form appraisal

In this step, the trademark registration application is appraised officially by the NOIP in order to decide whether the application is valid or invalid in terms of formal conditions such as necessary documents; classifying, right to apply, etc. The appraising time is from 01 to 02 months from the date the application is submitted.

Step 4: Publication of application

The NOIP will publish on the Industrial Property Gazette the information of trademark registration application within 2 months from the date of the decision of a valid application. The published information 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).

Step 5: Appraise the application content

In this step, the trademark application is appraised by the NOIP in respect of its content to determine whether the trademark is similar to or may cause confusion with registered trademarks; whether the trademark meets all the prescribed requirements and the scope of protection. The appraising time is from 09 months to 12 months from the date the trademark application is published.

Step 6: Issuance of the protection title

The NOIP shall issue a protection title for the applicant within about 01 month from the date the applicant pays all issuing fees and charges fully and properly.

5. Where to register trademarks for products of false hair and costume decoration in Vietnam?

Foreign entities who want to register trademarks for products of false hair and costume decoration in Vietnam can come to Minh Khue Law Firm to conduct the procedures. According to the Vietnamese intellectual property law, foreign companies, organizations or individuals can only register their trademarks through official industrial property representative organization like Minh Khue Law Firm.

Since August 2017, the NOIP has licensed Minh Khue Law Firm 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 false hair and costume decoration 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