1. What are trademarks for toys and sports equipment?

Trademarks for toys and sports equipment are marks that are designed in the form of letters, words, drawing, pictures or a combination of these elements; are used to discriminate products of toys and sports equipment of a company or individual from products of other companies or individuals in the market.

Trademarks for toys and sports equipment are categorized into Class 28 of the Nice Classification established by the Nice Agreement. Class 28 mainly includes toys, apparatus for playing games, sports equipment, amusement and novelty items, as well as certain articles for Christmas trees; in particular:

- Game and entertainment equipment, including their control equipment;

- New entertainment items, for example, festival masks, party hats made of paper, paper bouquets, funny joke products at the party;

- Tools for hunting and fishing, for example, fishing lines and fishing nets used; fishing bait, hunting horns;

- Equipment used in sports and various games.

This Class does not include some products as below:

- Candles for Christmas trees, lamps for Christmas trees, confectionery and chocolate decorations for Christmas trees;

- Equipment for divers;

- Sex toys and love dolls;

- Fitness and sports clothes;

- Some items used in sports, for example, helmets, mouth and eye protection tools used in sports, sports guns,...

2. Why should you register a trademark for toys and sports equipment in Vietnam?

In modern life, products of toys and sports equipment are becoming more and more popular. There are thousands of products are manufactured and sold every day and customers have more choices to choose from. In the market like that, competitiveness is very fierce. Companies have to find different ways to protect and enhance their image in the market and registering a trademark is one of the most effective ways. Any company can get huge benefits just by registering a trademark for its products of toys and sports equipment as below:

- A registered trademark will affirm the origin of the products, thus, increasing the trust of customers in the products of the company. Customers can also recognize the products of your company easier than the variety of products of other companies in the market.

- The registration of a trademark will be the legal basis for the authorities to handle violations of other companies, organizations or individual in terms of copying or using the trademark without your consent. Any entities that want to use the trademark will have to pay you an amount of money to have the right to use the trademark (licensing) or to buy the trademark from your company (transferring), thus, bring extra profit for the company.

- After your trademark is registered successfully, other companies, organizations or individuals will not be able to register a trademark that is similar to or may cause confusion with your registered trademark.

3. How to register a trademark for toys and sports equipment in Vietnam?

In order to register a trademark for toys and sports equipment, the application dossier should include the following documents:

- Trademark registration application according to the prescribed form (2 copies);

- Trademark samples (05 copies, each has the size of 80mm x 80 mm);

- Copies of business registration certificate, identification, passport or other papers that have the same value;

- Power of attorney (if any);

- Papers that prove the payment of state charges and fees (if any);

4. Procedures of trademark registration for toys and sports equipment in Vietnam

In a normal condition, the trademark of a company should go through the following procedures to be registered successfully and issued a certificate Vietnam:

Step 1: Search the trademark

This is not a compulsory procedure but every applicant should do in order to reduce the chance the application is rejected. There are two ways to conduct the search of a trademark:

- Preliminary Search: With this method, the trademark will be searched on the digital database of industrial property. The maximum searching time is 3 days and the result normally has a low accuracy rate (about 60%);

- Advanced Search: In this method of search, the trademark will be searched by the experts in the field of intellectual property. The maximum searching time is up to 7 days, the searching result of advanced search method is higher (about 90%).

Step 2: Submit the application

The trademark application for toys and sports equipment can be filed directly at the National Office of Intellectual Property (NOIP) office in Ha Noi city or at one its two representative offices in Da Nang city or Ho Chi Minh city. The application can also be filed indirectly via post if the applicant does not reside in the above cities.

Step 3: Appraisal of the application and publication of valid application

Firstly, the NOIP will examine the trademark registration application in respect of formal requirements in order to determine if the application is a valid or invalid application. The examining time takes from 01 month to 02 months from the date of application submission. Within 2 months from the date application is decided as valid, the trademark application information will be published on the Industrial Property Gazette.

After being published, the application will be examined in respect of the content of trademark in order to make a decision on whether the registering trademark satisfy all conditions to be granted a Trademark Registration Certificate. Normally, the examining time takes from 9 months to 12 months.

Step 4: Issuance of the certificate

Within about 1 month from the date all the state fees are paid fully and properly, NOIP will issue the Trademark registration certificate.

5. Where to register a trademark for toys and sports equipment in Vietnam?

All foreign entities (include companies, organizations and individuals) who want to register a trademark for toys and sports equipment have to register through an industrial property representative organization in Vietnam. Minh Khue Law Firm is an industrial property representative organization that has been certified by the NOIP since August 2017, our representative code is 226.

We have helped many domestic and foreign clients to register their trademark successfully in Vietnam. Our Intellectual Property Department will carry out the process of trademark registration.

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 toys and sports equipment that were registered by Minh Khue Law Firm:

Register trademarks for toys and sports equipment in Vietnam?

GD Trademark

Class 28: Game sets; game equipment; Jigsaw Puzzle; dame chess; game; set of miniature models (toys).

6. Contact to register trademarks for toys and sports equipment 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