1. What is a trademark for products of paints and varnishes?

Trademarks are visible signs that are unique and expressed in the form of texts, letters, sentences, images or holograms, in one or many colors. Trademarks for products of paints and varnishes are used to help customer differentiate products of one company from products of other companies in the market.

In the process of registering a trademark, the trademark will be classified into different classes of products and services in accordance with the Nice Classification. Paints and varnishes are classified into Class 2 according to the provision of the current version of Nice Classification. This Class mostly includes products of paints, colorants and anti-corrosion preparations, such as:

- Pigments, varnishes and paints for industry, handicrafts and arts;
- Clothes dye;
- Colorants used for food and beverages.
Class 2 particularly exclude products as below:
- Raw artificial resins;
- Bluing for washing;
- Cosmetic dyes;
- Color box (school supplies);
- Insulating paints and varnishes;

In this article, Minh Khue Law Firm will counsel client the procedure of trademark registration for products in Class 19 in general and products of paints and varnishes in particular.

2. Why should your company register an exclusive trademark for products of paints and varnishes in Vietnam?

In the market of producing and selling paints and varnishes, companies always have to find a way to become more recognizable and stand out in the market. One of the best ways is to create a trademark for their products. A unique and eye-catching trademark will attract the attention of customers, thus increasing the revenue for the company. However, when using a trademark, many companies forget or ignore to register the trademark with the competent state agency because it is not a mandatory procedure. Although it is not a mandatory procedure, registering a trademark will bring great advantages to the companies as below:

- Registering a trademark for your products of paints and varnishes will prevent other companies or individuals from copying, duplicating or using the trademark without your consent. Besides, your competitors will not be able to register a similar or the same trademark as your registered trademark. This will be the fundamental element to win your competitors in the market.

- A registered trademark can also be a legal basis for the competent state agencies to handle infringements of other entities. Without a trademark registration certificate, the competent state agencies will have no basis to determine the legal owner of the trademark.

- A trademark after being presented in the market a certain period of time can become a famous trademark. At this moment, your company can receive extra profit from licensing or selling the registered trademark as an asset of the company.

These are also the reasons why Minh Khue Law Firm always encourages companies to register trademarks for their products and services in Vietnam.

3. How to register trademarks for products of paints and varnishes in Vietnam?

In order to register trademarks for products of paints and varnishes in Vietnam, the applicant shall prepare the following documents and papers:

- Trademark declaration form according to the provisions of intellectual property law (02 copies);

- Samples of the trademark (05 samples size 80 x 80 mm);

- List of products that attached by the trademark;

- Power of attorney (in case the trademark owner applies through representatives);

- Receipts of payment of the state fees in accordance with the provisions of law.

- Certified copy of Business Registration Certificate, Identity cards or Passport of the trademark owner and the applicant.

4. How long does it take to register a trademark for products of paints and varnishes in Vietnam

The process of registration of a trademark for products of paints and varnishes in Vietnam normally goes through the following stages:

Stage 1: Search the trademark

There are two methods to conduct a trademark search:

- Preliminary search: This method of trademark search normally takes a few hours or a few days to be done, depending on the trademark. Although it is fast, the result of the Preliminary search may have low accuracy rate (about 60%) and sometimes there is a trademark that is similar to your trademark and has been registered before yours but you cannot find it.

- Advanced search: The processing time of this method of trademark search may be from 3 days to 7 days. The Advanced search takes a longer time than the Preliminary search but you will get a result with a much higher accuracy rate (up to 98%). Your trademark will be researched by experts in the field of intellectual property.

Stage 2: Apply for the trademark protection

The duration of this stage depends on the method you choose to submit the application.

The trademark application can be submitted directly to the National Office of Intellectual Property (NOIP) in Ha Noi city or to its representative offices in Da Nang city and Ho Chi Minh city. This procedure only takes one morning or afternoon to be done.

The trademark application can also be submitted via post and the processing time can be a few days, depends on the location and the processing time of the post office or couriers.

Stage 3: Examination of the application form

The NOIP will consider whether the applications are eligible in form, label, application owner, filing right, classifying, ...
If the application of the enterprise meets the conditions, the National Office of Intellectual Property shall notify the acceptance of a valid application and publish the application.
The processing time of this stage is from 01 month to 02 months from the submission date.

Stage 4: Publication of the application

The time limit for publication of trademark registration application: 02 months from the date of the Notice of acceptance of the valid application. Contents of publication of trademark registration applications are information related to valid applications stated in the notice, trademark samples and lists of accompanied goods and services.

Stage 5: Examination of the application content

This stage takes about 09 months to 12 months from the date of publication of the application.
The National Office of Intellectual Property will determine whether conditions are met, from which to assess the ability to grant the protection title for trademarks registered by the company. If the application meets the conditions, the National Office of Industrial Property shall issue a Notice of Intention to grant a diploma to the trademark registered by the company.

Stage 6: Receive the protection title

After having a decision to issue a diploma, the applicant proceeds to pay a fee for obtaining a diploma and receives a trademark protection title within 01 month from the date of full payment of the fee.

5. Where to register an exclusive trademark for products of paints and varnishes in Vietnam?

According to the current provision of intellectual property law, foreign companies can only register trademarks for their products through a licensed industrial property representative in Vietnam. Clients can contact and come directly to Minh Khue Law Firm to be counseled the procedure of trademark registration for products of paints and varnishes in Vietnam.

Minh Khue Law Firm has been a reputable and high-quality licensed industrial property representative since August 2017, with the representative code is 226.
Our Intellectual Property Department will carry out all the procedure for Clients, the office address Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.

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 products of paints and varnishes that were registered by Minh Khue Law Firm:

Register trademarks for products of paints and varnishes in Vietnam?

MYKOZA Trademark

Class 02: Paint; primer; antirust paint; fire-resistant paint; antibacterial paint; lacquer.

Register trademarks for products of paints and varnishes in Vietnam?

TP NESAN Trademark

Class 02: Paint; primer; antirust paint; fire-resistant paint; antibacterial paint; lacquer.

6. Contact to register an exclusive trademark for products of paints and varnishes in Vietnam

Please contact: Minh Khue Law Company Limited

Address: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.

Phone number: + 84 986 386648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited