Vietnamese companies selling into France usually file trademarks in both countries and then discover the two systems run on different logic: one examines relative grounds and has just shortened its opposition window, the other registers fast and concentrates its force on enforcement before a specialised Paris court. Misreading either rhythm costs dearly: a mark refused unnecessarily, a patent novelty destroyed, or counterfeits trading openly for months before the owner can react.
1. Legal basis
In Vietnam, the Intellectual Property Law 50/2005 was amended by Law 131/2025/QH15 effective 1 April 2026, notably cutting the trademark opposition window to three months and shortening substantive examination of patent applications. In France, trademark and patent filings go to the national industrial property institute INPI; an EU trademark is filed at EUIPO for bloc-wide effect; and many IP disputes fall under the specialised jurisdiction of the Paris judicial court.
2. Trademark and patent registration: speed and opposition windows
A French trademark through INPI typically registers markedly faster than in Vietnam, because INPI examines absolute grounds and leaves conflicts with earlier rights to opposition and post-grant invalidity. Vietnam intellectual property office examines both distinctiveness and similarity to earlier marks, so grant takes longer; in exchange, a granted Vietnamese mark is more stable against relative-grounds cancellation later.
For patents both countries examine substance but at different tempos; Vietnam 2025 amendment shortens substantive examination to cut backlog, while INPI ties examination to a search report and a patentability opinion. Filing in parallel requires care with publication timing: early publication in one country can destroy novelty in the other unless the twelve-month Paris Convention priority is properly claimed and managed.
3. Madrid, PCT and the two-country filing strategy
Both Vietnam and France belong to the Madrid System for trademarks and the PCT for patents, so one international application can designate both countries. Madrid pays off as a portfolio grows beyond two markets, centralising renewals and assignments; but the international registration depends on the base application for its first five years, so the safe strategy is a solid home filing before designating outward.
For patents, the PCT buys roughly thirty months before national phase decisions, a valuable buffer to test whether the French market justifies translation, examination and escalating annual fees. Decide the French phase early if EU commercialisation is planned, because the PCT deadline is hard: miss it by a month and the French right is gone for that invention.
4. Enforcement: counterfeits handled two different ways
France gives owners a sharp tool in the infringement seizure carried out by a bailiff under court order, capturing evidence and stock at the suspected premises before goods can vanish. The Paris judicial court specialised jurisdiction makes outcomes more predictable, and EU customs can detain suspect goods at the border under a filed monitoring application.
Vietnam enforcement runs three routes: administrative action through market surveillance and inspectorates, civil litigation, and customs border measures; the administrative route is fast and cheap for openly sold counterfeits, while complex patent cases need court and expert appraisal. The common rule in both countries: unregistered rights are hard to enforce, and proof of use decides non-use cancellation fights after five years.
5. Common questions from investors
How long do trademark and patent registrations take in France versus Vietnam?
A French INPI trademark is usually faster because only absolute grounds are examined, leaving earlier-right conflicts to opposition and invalidity; Vietnam examines similarity too, so grant takes longer but is more stable. Both examine patents substantively, and Vietnam Law 131/2025/QH15 shortens that examination from 1 April 2026.
Can Madrid and PCT cover both countries?
Yes. Vietnam and France are both in the Madrid System for trademarks and the PCT for patents, so a single international application can designate both. Note that a Madrid registration depends on its base application for five years, and the PCT gives about thirty months before national phase; missing the French phase deadline forfeits the patent there.
How do the two countries handle counterfeits and IP infringement?
France relies on court-ordered infringement seizures executed by bailiffs, the specialised Paris judicial court and EU customs border detention. Vietnam offers administrative, civil and customs routes; administrative action suits openly sold fakes, while complex patent disputes need court proceedings and expert appraisal. Registered rights are the practical key in both.
What do maintenance and protection cost in each country?
Costs combine official filing and renewal fees, IP agent fees, patent translation and annual patent fees that rise with age; trademarks renew on ten-year cycles. France and the EU tend to cost more in representation and court enforcement. Budget per right from an agent quotation for your actual portfolio instead of relying on any cross-market average figure.
This article has been quality-reviewed by the FLAW AI Legal Council
