Vietnamese version of seventh edition of Vienna Classification to benefit mark owners


On November 21 2013 the National Office of Intellectual Property of Vietnam (NOIP) officially released the Vietnamese version of the seventh edition of the International Classification of the Figurative Elements of Marks under the Vienna Agreement.

Although Vietnam is not party to the Vienna Agreement, the NOIP has long adopted it as a basis for the classification of the figurative elements of marks in order to facilitate trademark searches, examinations and the management of the trademark database. At present, around 60 trademark offices in the world apply the Vienna Classification, including member and non-member countries.

In order to register figurative marks or marks comprising figurative elements in Vietnam, it is not a requirement to specify in the application how the figurative elements should be classified. However, the classification shall be carried out by the trademark examiners during the examination process and such classification will be added to the record of each trademark application/registration in the trademark database of the NOIP. The classification of the figurative elements of the marks shall also be included in the publication of the trademark applications and registrations in the relevant gazettes.

The publication of the Vietnamese version of the seventh edition of the Vienna Classification brings great benefits to trademark examiners, attorneys and applicants, as it provides the Vietnamese equivalent of the latest Vienna Classification so that the results of searches for figurative marks or marks comprising figurative elements will be more precise and consistent. The application of a common system for the classification of figurative elements of marks will also help to avoid reclassification work in connection with the registration of marks at the international level. 

Son Doan, IPMAX Law Firm, Hanoi

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