New points for figurative trademark registration in Vietnam – Application of the International Classification of the Figurative Elements of Marks (the 8th Edition)

In addition to the Nice Agreement on the International Classification of Goods and Services, the Vienna Agreement on the International Classification of the Figurative Marks also applied for trademark registration in Vietnam. Accordingly, the Vienna Classification is essential for trademark registration in Vietnam in case that trademark consisting of the figurative elements, by the way facilitate the trademark search and examination on its registrability.

trademark registration in Vietnam

The Vienna classification was finally established by an agreement concluded on June 12, 1973, at the Vienna Diplomatic Conference. The Vienna Agreement entered into force on August 9, 1985. The Classification constitutes a hierarchical system that proceeds from the general to the particular, dividing all figurative elements into categories, divisions and sections (main and auxiliary sections) with appropriate explanatory notes introduced. The 7th Edition of Vienna Classification has 29 categories, 145 divisions, 806 main sections and 903 auxiliary sections.

The Vienna Classification has been used in trademark registration in Vietnam for a long time by the National Office of Intellectual Property (NOIP). According to the Notice No. 3391/TB-SHTT dated April 19, 2018; the NOIP shall officially adopt the 8th Edition of Vienna Classification to classify the figurative marks as from June 01, 2018.

To facilitate the users, the NOIP provides the English and Vietnamese versions of the 8th Edition of Vienna Classification, which are downloadable here.    

The Vienna Classification is of great significance for the classification of figurative marks in trademark search, establishment and enforcement of Industrial Property Rights. Thanks to the scientific classification system, the figurative elements used in trademark registration in Vietnam can be easily classified in trademark search then evaluated the registrability during examination.

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