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Trademark registration for a shoe store in Vietnam is a crucial step for any business aiming to establish a strong brand identity and protect its intellectual property. In a competitive market, registering a trademark ensures that your shoe store’s unique name, logo, or design is legally protected from infringement. This not only helps build consumer trust but also safeguards your business against potential counterfeit products. As the footwear industry continues to grow in Vietnam, securing a trademark can significantly enhance your store’s reputation and market presence.
Trademark Search for Registered Shoe Store Trademarks in Vietnam
Conducting a trademark search for a shoe store in Vietnam is an essential step in the trademark registration process. The purpose of the search is to ensure that the trademark you wish to register is not identical or confusingly similar to any previously registered trademarks, which helps reduce the risk of rejection by the competent authority.
To perform the search, the applicant should use the online search tools provided by the Vietnam Intellectual Property Office (IP Vietnam). The applicant needs to enter specific information about the trademark, including the trademark name, the type of goods/services for protection, and any visual or symbolic elements related to the trademark (if applicable). The search results will display trademarks that are similar or identical to the one being registered. Based on these results, you can assess whether your trademark is too similar to existing ones. If your trademark is found to be identical or too similar to a registered trademark, you may need to make adjustments to avoid rejection.
File of Trademark Registration for a Shoe Store in Vietnam
The file of trademark registration for a shoe store in Vietnam is a collection of necessary documents submitted to the Vietnam Intellectual Property Office to request the issuance of a trademark registration certificate. Proper preparation of the registration file is crucial to ensure a smooth examination process and to avoid errors that could lead to rejection or the need for additional documentation. Below are the key components of the trademark registration file for a shoe store.
Trademark Registration Application Form
The trademark registration application form is the primary document containing information about the trademark and the applicant. The form follows the format prescribed by the Vietnam Intellectual Property Office and includes the following details:
- Applicant’s Name and Address: This section is mandatory and includes the full name of the individual or organization applying for the trademark. Additionally, the applicant’s contact address must be accurate to enable the Intellectual Property Office to contact them during the examination or request additional information if necessary.
- Trademark Information: This includes the trademark name and a description of its components, such as words, images, and distinctive symbols. The applicant must provide a detailed description of the elements that make up the trademark. If the trademark includes images, symbols, or special logos, these must also be clearly described. For example, if the trademark combines text and images, the description should clarify the relationship between the components, such as whether the image is positioned above or beside the text or if there are special colors involved.
- List of Goods or Services: This section lists the goods or services that the trademark will protect. The applicant must classify the goods or services according to the Nice Classification (the international classification of goods and services for trademark registration). The list must be accurate and comprehensive to ensure that the trademark is protected in all the areas the applicant desires.
Trademark Samples
The applicant must submit 5 trademark samples with a maximum size of 80mm x 80mm as part of the registration file. The trademark samples must be clear, easily recognizable, and accurately reflect the elements that the applicant wants to protect. This includes any text; if the trademark contains words or letters, the exact font and arrangement must be shown. If the trademark includes images, symbols, or distinctive signs, these elements must also be clearly and accurately presented on the samples, ensuring they are not faint or unclear when printed.
Additionally, if the applicant requests protection for the color of the trademark, the specific colors must be shown on the sample and clearly described in the trademark description. If the trademark combines text and images, the relationship between these elements must be clarified, such as whether the text appears above, below, or next to the image, so that the Intellectual Property Office can fully and accurately assess the trademark during the examination. These trademark samples will serve as the basis for the examination authority to determine the trademark’s protection in practice.
Power of Attorney (if filing through a representative)
If the trademark owner authorizes an industrial property representative to submit the application on their behalf, a valid power of attorney must be provided. The power of attorney should clearly define the authorized person’s rights to submit the application and receive information from the Intellectual Property Office.
Documents Proving Priority Rights (if claiming priority)
If the trademark registration for a shoe store requests priority based on an application filed in another country, the applicant must provide related documents to prove priority rights. Priority rights allow an applicant to claim the filing date of a previous trademark application in a Paris Convention member country as the priority date for the application in Vietnam.
To claim priority, the applicant must submit a notarized copy of the trademark application filed in the other country, along with documents proving the filing date in that country. These documents must be translated into Vietnamese if necessary and submitted within six months from the original filing date in the first country. The documents must clearly state that the trademark registered abroad is the same trademark the applicant is registering in Vietnam.
Priority rights help applicants protect their interests in trademark registration on an international scale, ensuring that their trademark will not be affected by subsequent applications in other countries during the priority period. This is particularly useful when registering a trademark in multiple countries or in regions with bilateral intellectual property agreements, ensuring that protection is maintained across all member countries.
Other Relevant Documents (if any)
In certain special cases, such as when the trademark consists of famous symbols or signs, or contains elements requiring special protection, the applicant may need to provide additional documents. These documents may include evidence of prior use of the trademark, documentation regarding the trademark’s fame, or proof of how the trademark differs from existing trademarks.
Time of Trademark Registration for a Shoe Store in Vietnam
The trademark registration process for a shoe store in Vietnam typically takes 12 to 18 months. This process includes formal examination, publication of the application in the Intellectual Property Office’s official gazette, and substantive examination. The time may vary depending on the complexity of the trademark and the workload of the examination authority. Throughout the process, if there are no significant issues with the application, the applicant will receive the trademark registration certificate within this period.
Do you own a shoe store in Vietnam and want to establish your brand in the market? Let us help you protect your trademark professionally and effectively. Our trademark registration services in Vietnam will assist you from consultation, preparing your application, to submitting and tracking the results. With our experienced team of lawyers, we are committed to providing you with comprehensive legal solutions, ensuring your trademark is legally protected and helping you avoid the risks of unfair competition.
Contact Us Now:
DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
