A fashion house’s value is woven into two things: a name and a look. A competitor can copy neither — but only if the owner has protected both. Many foreign investors in Vietnam’s garment and fashion sector register the brand name and stop there, while the patterns, logos and silhouettes that actually make the brand recognisable remain undefended. For fashion, protection is never one instrument alone.
Legal basis
Law on Intellectual Property 50/2005/QH11, amended by Law 07/2022/QH15 (effective 01/01/2023) and Laws 93/2025/QH15 and 131/2025/QH15 (effective 01/04/2026); consolidated document 67/VBHN-VPQH 2026. Decree 65/2023/ND-CP details industrial property; Decree 17/2023/ND-CP (16/4/2023) covers copyright and related rights. Vietnam applies the Nice Agreement (45 classes), current version. Article 119 sets the trademark examination track (1 month formality, 1 month publication, 5 months substantive examination, with a 3-month fast-track examination option under Clause 2a of Article 119); certificates last 10 years and are renewable. All instruments remain in force as of the writing date.
The Nice map for fashion
- Class 25: clothing, footwear, headgear — the core of every fashion brand;
- Class 18: leather goods, handbags, luggage;
- Class 14: jewellery, watches and branded accessories;
- Class 35: retail, distribution, branded boutiques and e-commerce;
- Class 42: fashion design services (for design houses selling design itself).
A label whose name sells garments, handbags and perfumes needs classes 25, 18 and 3 respectively — one brand, several class homes. Each line of expansion (new product category, new retail format) is a separate classification decision, not an automatic extension of the old filing.
Dual protection: trademark plus copyright/design
What distinguishes fashion protection from, say, food, is that the visual identity can be protected on two parallel tracks:
- Trademark track: the word mark, the logo, and signature patterns (monograms). Famous fashion houses have registered their repeated motifs as trademarks — this is why a distinctive pattern repeated across products can be protected as a mark;
- Copyright / industrial design track: individual garment designs, prints and collections as creative works or designs. Copyright arises upon creation and needs no registration, though registration helps as evidence; an industrial design needs registration and lasts 5 years, renewable twice (15 years maximum in total).
The two tracks defend different things: trademark protects the origin signal (the brand as identifier) and can last indefinitely through renewals; design and copyright protect the creative expression for a limited term. A counterfeiter copying the monogram pattern violates trademark; one copying the cut of a dress may violate design or copyright. Smart fashion groups register both.
The factory trap: protecting the name you license to manufacturers
Many fashion brands manufacture through Vietnamese OEM factories while selling under their own label. Two points are often missed: first, the law allows a trading company to register a mark for goods it does not itself manufacture, provided the actual producer does not use that mark and does not object — but this arrangement should be fixed in a written agreement. Second, a licence to use the trademark should be recorded with the Intellectual Property Office so the recorded licensee can act against infringers and the licence survives ownership changes.
Action checklist
- Map every product line (apparel, bags, accessories, retail) to its Nice class.
- Identify which visual assets are protectable as trademarks (name, logo, signature pattern) and which as copyright/design (prints, collections).
- File trademarks before the first fashion show or launch — disclosure before filing does not kill novelty for marks, but leaks the look.
- Record trademark licences with the IP Office in OEM arrangements.
- Calendar renewals (10 years, renewable) and keep evidence of use to resist five-year non-use cancellation under Articles 95 and 136.
Frequently asked questions
1. Can a repeated pattern (monogram) be registered as a trademark?
Yes, if it functions as an origin signal and is distinctive. Several global fashion houses hold trademark registrations for their signature patterns in Vietnam and elsewhere.
2. Is it enough to register only the brand name?
Not for fashion. The name is the identifier; the designs, prints and collections need the design/copyright track as well. A name-only filing leaves the look undefended.
3. How long does an industrial design last?
Five years from filing, renewable twice for five years each — 15 years maximum. Unlike trademarks, it cannot be renewed indefinitely.
4. We manufacture through a Vietnamese factory — who should own the trademark?
Usually the brand owner (often the foreign parent). A commercial entity may register a mark for goods it does not manufacture, with the producer’s consent in writing; record the arrangement and the licence.
5. Do we need Class 35 for our boutiques?
Yes — operating branded stores is a retail service under Class 35, separate from Class 25 goods. The same applies to branded e-commerce storefronts.
IP advice for FDI enterprises
Fashion brands live and die by what the eye recognises — and the law protects recognition through several instruments at once. FLAT LAW FIRM advises foreign investors on combined trademark, design and copyright strategies, OEM licensing and anti-counterfeit enforcement. Contact us for advice tailored to your case.
This article provides general legal information and does not substitute advice for specific cases.
This article has been quality-reviewed by the FLAW AI Legal Council
