1. What is a trademark of paper products and stationery

A trademark of paper products and stationery is a visible sign that attached to the products to distinguish paper products and stationery of this company from the products of other companies in the market. The trademark could be in the form of letters, words, illustrations, drawings or a combination of those elements and expressed in one color or many colors.

In this article, we would like to provide information about the procedures of trademark registration of paper products and stationery in Class 16 according to the current version of the Nice Classification established by the Nice Agreement. This class generally covers paper, cardboard and certain products made of those materials, as well as stationery. In particular, this group of products includes the following products:

- Paper knives and paper cutters;

- Cases, covers and tools for holding and protecting paper, for example, document folders, money clips, cheque book cover, paper clips, passport holders, scrapbooks;

- Some office machines, for example, typewriters, duplicators, pencil sharpeners;
- Paint tools for artists and painters indoors and outdoors, for example, artists' watercolor containers, color palette and painters' easels, paint trays and rollers;
- Some disposable paper products, for example, aprons, napkins and paper tablecloths;
- Some products made of paper or cardboard are not classified in other groups according to their function or purpose, for example, paper bags, paper packages and containers used for packaging, statues and work art made of paper or cardboard, such as figurines with paperboard, lithographs with frames and without frames, paintings and watercolors.
This Class does not include paints; hand tools for artists, for example, flying, chisels for sculptors; teaching equipment, for example, audiovisual teaching equipment, mannequins to simulate rescue asphyxia, and toy models; some products made of paper and cardboard are classified according to their functions and uses, for example, photographic paper, abrasive paper, paper curtain, cup or plate paper on the dining table, plain sheets. paper, paper clothes, cigarette roll paper.

2. Why should you register trademarks of paper products and stationery in Vietnam

Register a trademark is not a compulsory procedure in order to distribute paper products and stationery in Vietnam, however, this is a very necessary procedure to protect your product in this market. Especially in Vietnam, when people have not paid adequate attention to protection and respect for intellectual property rights, Your trademark of paper products and stationery could be easily copied or used without your approval if the trademark has not been registered. In this case, the business of the company can be affected significantly and you can also lose your trademark because competitors may register this trademark before you. All these risks can be prevented easily with the procedure of registering a trademark for your products in the National Office of Intellectual Property in Vietnam. It is advisable to register for trademark protection as soon as possible, even when your product is only an initial idea or project. If you wait until your brand has grown up, it may be is too late to register.

Registering a trademark can also bring your company other significant advantages in the market as below:

- Enhance your position in the market: Trademark registration is the legal basis for identifying the rightful owner for a trademark when there is any dispute relates to the trademark as well as violation of other competitors who want to use your company's reputation to get profit without your consent.

- Build up your brand reputation: A registered trademark will increase consumers' ability to distinguish your products from products of other companies.

- Make some profit: A well-known trademark if registered will bring profits to the company from franchising or selling the trademark.

3. How to register trademarks of paper products and stationery in Vietnam

The trademark owner needs to prepare a dossier that includes the following documents:

- Trademark registration declarations according to the form prescribed by the competent state agencies (02 copies);

- Trademark Samples (05 copies size 80mm x 80mm) which is presented clearly;

- List of the group of products that attach the trademark;

- Authorization letter (if any);

- Certified Copy of Business Registration Certificate (when the trademark owner is a company) or certified Identity Card, Citizen Card, Passport (when the trademark owner is an individual);

- Fee and charge payment receipts (in case the owner pays the fees and charges via postal services or directly transfer into accounts of the competent state agency).

If you apply through Minh Khue Law Firm, we will prepare the dossier for you. Clients only need to provide us the trademark sample and certified copies of Business Registration Certificate or Identity Card. Minh Khue Law Firm will prepare the application documents and make sure all the documents are in accordance with the prescribed requirements.

4. Procedures of trademark registration in Vietnam

A trademark of paper products and stationery normally go through the following stages to be issued a Trademark Registration Certificate:

The first stage: Prepare the trademark

Base on the initial idea and demands, the company design and create a trademark to be registered. In this stage, you should pay attention to the conditions of a trademark to be registered and protected according to the current provision of Intellectual Property Law:

- The trademark must be a visible sign in the form of letters, words, drawings, images, including holograms or a combination of those elements, expressed in one or more colors;

- Being able to distinguish the products of trademark owners from products of other companies, organization or individuals.

The second stage: Proceed the trademark search

The trademark search is a procedure to check whether your trademark is identical, similar or confusing with a trademark that has been registered and protected. There are two ways to carry out this procedure:

- Initial trademark search: The initial trademark search is fast and fee, the searching time is normally from few hours to 3 days, depending on the trademark and the group of products attaches to the trademark. This method of search has the drawback is that the result has a low accuracy rate (about 60%). Therefore, there is still a chance that a trademark is identical or similar to your trademark and has been published on the electronic database of the industrial property but has not been issued a certificate, in this case, there is will be a duplication trademark but cannot be checked by the initial search.

- In-depth trademark search: The searching time of in-depth method normally takes from 3 days to 7 days. When applying this way of search, your trademark will be reviewed and counseled by experts in the intellectual property field. The advantage of this method compares to the initial search is the result with a much higher accuracy rate (up to 98%). Accordingly, the chance of successful registration will be higher. Minh Khue Law Firm usually recommends this way of search to our clients in order to avoid the case of application rejection.

The third stage: Submit the trademark registration dossier

The trademark registration dossier can be submitted directly at the National Office of Intellectual Property in Ha Noi or submitted through one of the two representative offices of the National Office of Intellectual Property (NOIP) in Da Nang City and Ho Chi Minh City. This way of submission takes only a few hours to be done.

The trademark registration dossier can also be submitted via post. The submission time depends on the processing time of the post office and your location.

The fourth stage: NOIP appraises the application form

In this stage, the competent state agency will appraise the application in terms of formal requirements and decide whether your trademark registration application is valid or invalid. If the trademark registration application is a valid application, the NOIP will issue a decision of acceptance of valid application.

This stage normally takes about 01 month to 02 months from the filling date.

The fifth stage: NOIP publish the trademark application

Within 2 months from the date acceptance of the application, NOIP will publish the trademark application in the official Industrial Property Gazette. The publication contains information about the trademark sample and the list of products attaches to the trademark.

The sixth stage: NOIP appraise the application content

In this stage, the competent state agency will appraise the application in terms of the content and decide if your trademark is identical or confusing to registered trademarks or well-known trademarks, are all the requirements of a trademark to be protected satisfied? The stage of content appraisal is usually considered the longest and the most important stage in the whole process of registering trademark protection.

This stage takes about 9 months to 12 months from the date the NOIP publish the trademark in the Industrial Property Gazette.

The seventh stage: Applicant pay the issuance fee and receive the certificate

If the trademark satisfies all the requirements, NOIP will send a notification about the issuance of a Trademark Registration Certificate and the issuance fee. The applicant shall pay the fees fully and properly in accordance with the notification of NOIP and receive a Trademark Registration Certificate within one month.

5. Where to register trademarks of paper products and stationery in Vietnam

According to the Vietnamese Intellectual Property, foreign company or individual wants to register a trademark in Vietnam has to apply through an industrial property representative. Many foreign companies and individuals have come to Minh Khue Law Firm to carry out this procedure because Minh Khue Law Firm currently is a high-quality and reputable industrial property representative in Vietnam. We were certified by the NOIP to carry all the procedures of trademark protection registration in Vietnam for foreign and domestic companies and individuals. The representative code of Minh Khue Law Firm is 226.

Clients can directly contact Minh Khue Law Firm for advice on the process and procedures of registration of trademarks of paper products and stationery in Vietnam.
The Intellectual Property Department of Minh Khue Law Firm will receive your request and carry out all the procedure for you. Our office is at 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 filed 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 of paper products and stationery that were registered by Minh Khue Law Firm:

Register trademarks of paper products and  stationery in Vietnam?

OMOSA Trademark

Class 16: Toilet paper; paper napkins; paper face wipes; paper handkerchiefs; paper towels; blotter.

Register trademarks of paper products and  stationery in Vietnam?

Vietnam Newlines Trademark

Class 16: Toilet paper; paper napkins; paper face wipes; paper handkerchiefs; paper towels; blotter.

6. Contact to register trademarks of paper products and stationery 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:+ 84 986 386 648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limited