A trademark is a business asset: the brand name, logo, product packaging, signage, and website. In Vietnam, trademark rights arise only upon registration and issuance of a certificate — first to file, first in right. In practice, many businesses build brands for years but lose their rights simply because they filed a few months later than a competitor.
This article guides through the entire process: protection conditions, pre-filing searches, dossiers, examination stages, timelines, costs, and common risks.
Quick summary
| Content | Key information |
|---|---|
| Receiving authority | Intellectual Property Office of Vietnam (IP Vietnam) — file directly in Hanoi, at representative offices in Ho Chi Minh City or Da Nang, or online |
| Right-establishment principle | First-to-file: the earlier application is examined first |
| Statutory timeline | About 12–13 months (formality 1 month, publication 2 months, substantive 9 months) |
| Actual timeline | Usually 18–24 months; factor into product launch planning |
| Certificate validity | 10 years from the filing date, renewable indefinitely, each renewal 10 years |
| Key points | Search thoroughly before filing; draft the goods/services list correctly; use the trademark continuously |
Legal bases
- Intellectual Property Law 50/2005/QH11, amended and supplemented by Laws 36/2009/QH12, 42/2019/QH14, and 07/2022/QH15 (effective 01/01/2023; the provisions on sound marks effective 14/01/2022).
- Decree 65/2023/ND-CP detailing industrial property; Circular 23/2023/TT-BKHCN on industrial property right establishment procedures.
- The Nice International Classification of goods and services for the registration list.
Update note: Law 131/2025/QH15 (effective 01/4/2026) has shortened application processing times — substantive examination of trademark applications is now 05 months from the application publication date. When filing, cross-check against the latest consolidated text or consult a lawyer.
Why register a trademark
Vietnamese law applies the first-to-file principle (Article 90 of the Intellectual Property Law): among applications seeking registration of the same mark for identical or similar goods/services, the earlier-filed application is examined first. Industrial property rights to trademarks are established on the basis of the certificate issuance decision through registration procedures (point a, clause 3, Article 6). Actual use — however long-standing, however well-documented — does not automatically create exclusive rights.
Without a certificate, businesses face three major risks. First, they cannot stop others from registering the very mark they are using — and may themselves be deemed the infringer. Second, they lack legal basis to request action against counterfeit and imitation goods. Third, unregistered trademarks are hard to value for capital contributions, transfers, licensing to partners, or fundraising — investors always check the brand’s legal status.
The only exception is well-known marks, protected without registration, but the proof criteria are very high and costly. Businesses should not rely on this exception.
Conditions for trademark protection
Under Article 72 of the Intellectual Property Law (amended 2022), a trademark is protected when it is a visible sign in the form of letters, words, drawings, images, three-dimensional shapes, or combinations thereof, presented in one or more colors, or a sound sign representable in graphic form — while being capable of distinguishing the owner’s goods/services from those of other entities.
Article 73 excludes non-protectable signs: those identical or confusingly similar to national flags, emblems, or names of international organizations; signs that have become common names of goods; signs directly describing the nature or quality of goods widely recognized by the public.
Article 74 on distinctiveness is the most common refusal ground: marks identical or confusingly similar to cited marks already registered or filed earlier for identical or similar goods/services will be refused. Since 2023, the law has added refusal grounds for bad-faith applications — e.g., registering a partner’s or agent’s trademark for profit.
Trademark search before filing
Search is the cheapest yet most valuable step: an application refused due to a conflicting cited mark means losing all paid fees, losing 1–2 years of waiting, and starting over while products are already on the market.
There are two levels. Preliminary search: free self-search on the online databases of IP Vietnam and WIPO — quickly eliminating clear conflicts, but public data has delays. In-depth search: conducted through IP Vietnam or an industrial property representative organization, fee-based, providing conflict assessment and professional opinions on registrability.
For FDI enterprises, search Vietnamese, English, and transliterated versions simultaneously — IP Vietnam assesses phonetic and semantic confusion, not just visual similarity. Search results form the basis for lawyers to advise adjusting the design or narrowing the goods/services list before formal filing.
Trademark registration dossier
- Trademark registration declaration in the prescribed form, stating applicant information and the goods/services list;
- 05 mark specimens (color marks must show the exact colors claimed for protection);
- Goods/services list classified under the Nice Classification (45 classes);
- Power of attorney (if filing through an industrial property representative organization);
- Fee payment vouchers; priority right documents and Vietnamese translations (if any).
Foreign applicants must file through an industrial property representative organization in Vietnam. The goods/services list needs careful drafting: too narrow a list narrows the protection scope; wrong classing triggers amendment requests, prolonging time. State fees are computed by the number of classes and items in each class, so list drafting directly affects costs.
Procedures, timelines, and costs
Formality examination (1 month from the filing date). IP Vietnam checks the validity of the declaration, mark specimens, classification, and applicant standing. Deficient applications are notified for correction within statutory deadlines.
Application publication (2 months from acceptance of a valid application). The application is published in the Industrial Property Official Gazette; from this point, any third party may oppose the issuance of the certificate in writing (Article 112).
Substantive examination (9 months from the application publication date). IP Vietnam assesses whether the mark meets protection conditions, searches cited marks, and considers oppositions. If signs of non-compliance appear, IP Vietnam issues a notice of intended refusal for the applicant to respond.
Certificate issuance. Qualifying applications receive the Trademark Registration Certificate, valid 10 years from the filing date, renewable indefinitely every 10 years (clause 6, Article 93).
Adding up statutory deadlines, a “clean” application takes about 12–13 months; in practice usually 18–24 months due to application backlogs. Businesses planning product launches, distribution agreements, or franchising should file at least 12 months before brand launch. Costs include filing, examination, publication, issuance, and recordal fees — computed by the number of goods/services classes — plus in-depth search fees and representation services if outsourced.
Registering trademarks abroad
Trademark rights are territorial: a certificate in Vietnam is effective only in Vietnam. Vietnamese businesses seeking protection abroad may file directly in each country or file internationally through the Madrid System — Vietnam is a member of the Madrid Protocol, so Vietnamese applicants can file one application through IP Vietnam designating multiple member states.
Conversely, foreign owners may file international applications designating Vietnam through the Madrid System or file directly with IP Vietnam through an industrial property representative. International applications designating Vietnam are examined under the same standards as national applications.
Common risks and prevention
Conflicting or similar cited marks — the most common refusal ground. Prevent with in-depth searches and designing highly distinctive marks from the start.
Wrongly drafted goods/services lists — wrong Nice classes, generic wording leading to amendment requests and delays. Review the list with a lawyer before filing.
Non-use after issuance. Owners must use continuously; marks unused continuously for 05 years or more may be terminated (Articles 95 and 136). Use by a trademark licensee counts as the owner’s use — license contracts need careful drafting and storage, with use evidence such as invoices, contracts, and advertising materials.
Invalidation due to dishonest registration. Certificates may be invalidated if the applicant had no registration rights or registered in bad faith (Article 96). Businesses acquiring brands need to verify the ownership chain before transacting.
Forgetting renewal. Certificates expire if not renewed on time. Maintain a renewal tracking schedule for the entire mark portfolio. When counterfeit or infringing goods are discovered, businesses may request action against intellectual property infringements.
How FLAT LAW FIRM assists
FLAT LAW FIRM accompanies the entire trademark lifecycle: searches, registrability assessment; dossier preparation and domestic filing, international applications through the Madrid System; examination monitoring, responding to IP Vietnam notices, handling oppositions; renewals, assignments, drafting trademark license contracts; and representing in infringement and dispute handling.
For FDI clients, we coordinate Vietnam protection with the group’s global trademark strategy: reviewing conflicts with marks registered abroad, advising trademark ownership structures within the group. Please contact us for advice on your company’s specific case.
Frequently asked questions
Is an unregistered trademark protected by law?
In principle, no. Trademark rights are established on the basis of registration and certificate issuance (point a, clause 3, Article 6 of the Intellectual Property Law); actual use does not create exclusive rights. The only exception is well-known marks — but proof criteria are very high, and businesses should not rely on it.
How long does trademark registration in Vietnam take?
Statutorily about 12–13 months (formality 1 month, publication 2 months, substantive 9 months); in practice usually 18–24 months. From 01/4/2026, Law 131/2025/QH15 shortens substantive examination to 05 months, but actual time still depends on IP Vietnam’s application backlog.
How many goods/services classes can one application cover?
No limit on classes per application; lists are classified under the 45-class Nice Classification. State fees are computed by the number of classes and items, so register the classes relevant to current business and 3–5-year expansion plans.
Is a trademark registered abroad automatically protected in Vietnam?
No. Trademark rights are territorial. Foreign owners need to file international applications designating Vietnam through the Madrid System or file directly with IP Vietnam through an industrial property representative organization.
Can rights be lost for non-use after issuance?
Possibly. Marks unused continuously for 05 years or more without legitimate reason may be terminated under Article 95 of the Intellectual Property Law. Businesses should keep use evidence: invoices, contracts, and advertising materials bearing the mark.
