1. What are trademarks for surgical, dental and medical instruments?

Trademarks for products of surgical, dental and medical instruments are specific marks used to discriminate products of surgical, dental and medical instruments of a company from different products of other companies, organizations or individual in the market. These marks may be words, images, logos or combinations of all those elements expressed in one or more colors.

Trademarks for surgical, dental and medical instruments shall be classified into Class 10 in accordance with the current provisions of Nice Classification. Class 10 generally includes surgical, medical, dental and veterinary apparatus, instruments and articles generally used for the diagnosis, treatment or improvement of function or condition of persons and animals; in particular:

- Supporting bandages or special clothing for medical purposes, for example, compression garments, stockings for varices, strait jackets, orthopaedic footwear;

- Equipment, tools and utensils used for menstruation, contraception and childbirth, for example, menstrual cups, pessaries, condoms, childbirth mattresses, forceps;

- Therapeutic and prosthetic articles and devices for implantation composed of artificial or synthetic materials, for example, surgical implants composed of artificial materials, artificial breasts, brain pacemakers, biodegradable bone fixation implants;

- Furniture especially made for medical purposes, for example, armchairs for medical or dental purposes, air mattresses for medical purposes, operating tables.

This Class particularly excludes the following products:

- Medical dressings and absorbent sanitary articles, for example, plasters, bandages and gauze for dressings, breast-nursing pads, diapers for babies and for incontinence, tampons (Cl. 5);

- Surgical implants comprised of living tissue;

- Tobacco-free cigarettes for medical purposes and electronic cigarettes;

- Wheelchairs and mobility scooters;

- Massage tables and hospital beds.

2. Why should you register trademarks for surgical, dental and medical instruments in Vietnam?

In the market for surgical, dental and medical instruments, the quality and reputation of the products are very important factors because customers will tend to buy products that have a clear and reliable origin. In order to make a product more reliable, companies can register trademarks for their products of surgical, dental and medical instruments at the competent state agencies. By registering trademarks, companies will receive the following advantages:

- Increase the trust of customers in the origin of the products, thus making the products more attractive and recognizable than other products without a registered trademark.

- Establish the legal basis for the trademark owners to use the trademarks exclusively for their products. If there is any company, organization or individual uses the trademark without the consent of trademark owner, the trademark owner has rights to ask authorities to intervene and handle such infringements.

- Bring more profit for the trademark owner from licensing or transferring the registered trademarks as intangible assets if the trademarks become famous.

From the above benefits, companies, organization and individuals should carry out the procedure of trademark registration for their products as soon as possible.

3. How to register trademarks for surgical, dental and medical instruments in Vietnam?

A dossier of trademark registration for surgical, dental and medical instruments should have at least the documents as below:

- 02 copies of Declaration of trademark registration (according to the form specified by the intellectual property law);

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

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

- Authorization letter (in case of applying through representative);

- Receipts of state charges and fees (in case of paying fees and charges via postal services or directly remit into accounts of the National Office of Intellectual Property);

4. Procedures of trademark registration for surgical, dental and medical instruments in Vietnam

The process of trademark registration for surgical, dental and medical instruments normally has following stages:

First stage: Trademark search

This procedure is not compulsory and not carried out by the competent state agencies. However, it is important to check first whether there is a trademark that has been registered and similar to the registering trademark. There are two ways to search a trademark:

- Preliminary search: is looking up trademarks based on the data that is provided by the NOIP and the World Intellectual Property Organization. However, these data are updated later than the actual trademarks, so they are incomplete and inaccurate. The searching time is normally from 1 day to 3 days.

- Advanced search: The advanced search will be carried out by the most experienced experts at the competent state agencies, the search results will be more accurate and complete than the preliminary search. The advanced search usually takes from 3 days to 7 days.

Second stage: Trademark application submission

The trademark registration dossier usually is submitted directly to NOIP office in Ha Noi city or to one of its two representative offices in Da Nang city and Ho Chi Minh city. Besides, if the applicant is not in the above cities, the applicant can submit the dossier indirectly via post office or couriers.

Third stage: Appraisal of the application and publication the valid application

First, the competent state agency shall carry out the appraisal of the form of the trademark registration application. Within 01 month to 02 months since the date the application is submitted, the NOIP will make the decision on whether it is a valid or invalid trademark registration application.

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

Finally, the competent state agency shall appraise the content of the trademark registration application. Within 9 months to 12 months since the date the trademark application is published, the NOIP will identify if the trademark may cause confusion with other registered trademarks. If the trademark satisfies all the requirements, the competent state agency shall issue a decision to grant a Trademark Registration Certificate.

Final stage: Issue of the certificate

In about 01 month from the date the applicant pays all the state fees and charges fully and properly, the applicant will receive a Trademark Registration Certificate.

5. Where to register trademarks for surgical, dental and medical instruments in Vietnam?

For foreign companies and individuals who want to register trademarks for their products in Vietnam, according to the current Vietnamese intellectual property law, they can only register the trademarks via an industrial property representative organization in Vietnam.

Minh Khue Law Firm is an official licensed industrial property representative organization in Vietnam since August 2017. 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 successfully their 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 surgical, dental and medical instruments that were registered by Minh Khue Law Firm:

Register trademarks for surgical, dental and medical instruments in Vietnam?

ANYMED Trademark

Class 10: Orthopedic injury tools; plaster powder for orthopedic; fiberglass bundle tape for orthopedic.

6. Contact to register trademarks for surgical, dental and medical 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