Guide to register services trademark in Vietnam

Services trademark is a registered trademark of services provided and held by the trademark owner. The registration of services trademarks in Vietnam should be conducted in accordance with the law on intellectual property. The following article will summarize the legal issues that organizations and individuals need to know to register the services trademark.

>> Read more: How to register trademark of goods in Vietnam?

1. Conditions of services trademark protection

Services trademark are protected when the following conditions are met:

– Services trademark are visible signs in the form of letters, words, drawings, images, including holograms or a combination of such elements, expressed in one or more colors. In short, trademarks should be presented in a material form that is visible to the naked eye;

– Trademarks do not show signs of overlap or similarity that are confusingly similar to those of other organizations or individuals that are registered for protection;

– Trademark is capable of distinguishing owners’ services from goods and services of other entities;

– Trademark is protected by the owner of the registration procedure at the competent authority and the certificate of trademark registration is issued.

2. Note when classifying services trademark

Trademarks are classified based on Annex 11 International Classification of Nice goods and services (NICE CLASSIFICATION). Nice Classification is an international classification of goods and services applicable to trademark registration, established on the basis of the Nice Agreement of 1957. The content of the classification includes 45 groups of goods and services, of which from group 01 up to 34 are goods and from 35 to 45 are services

The segmentation of trademarks is important because the decision on trademarks will be protected within which goods and services. Services trademark must have at least one of the categories 35 to 45 in the Nice Classification.

3. Look up services trademark

Trademark search is an examination to find out whether a protected trademark is identical to a mark confusingly similar to the intended services trademark. The ultimate aim is to assess whether the ability to register protection of a trademark is high or low. Avoid cases where the trademark for which the application has been filed has been given a notice of refusal to grant a protection title due to signs of confusion with the marks of other organizations or individuals.

Trademark searches are conducted online on data websites provided by the National Office of Intellectual Property. It is not mandatory to consult the trademark before registering. However, the risk of a trademark application refusing to do a search is great. Organizations and individuals may use trademark search services provided by law firms.

4. Prepare services trademark registration file

Organizations and individuals wishing to register services trademark shall prepare 2 sets of dossiers, including the following papers:

– A trademark registration application, made according to a form provided by the Vietnamese Government;

– 05 trademark samples with minimum size of 3×3 cm and maximum of 8×8 cm. Note that the size of the mark in the sample label must be the same as the size of the mark in the application;

– In case of registration of a services trademark through an industrial property representative, an additional authorization letter is required.

5. Filing services trademark registration at Vietnamese competent authority

The agency competent to register trademark and handle trademark registration dossiers is the Vietnam National Office of Intellectual Property. Applications can be submitted in person or by mail. Address for receiving services trademark registration applications:

– Intellectual Property Department: No. 386 Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City;

– Representative office in the South: 7th Floor, Ha Phan Building No. 17-19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh City;

– Representative office in the Central: 3rd Floor, 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang City.

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