Trademarks and patents — intangible assets that define enterprise value. China and Vietnam both follow the first-to-file principle, but registration routes, timelines and costs differ. This article compares them in detail.
1. First-to-file in both countries
- Principle: who files first — gets protection first, in both China and Vietnam;
- Consequence: file early — as soon as market entry is planned;
- Risk: being pre-empted — by competitors or bad-faith third parties;
- China reality: squatting — is a known hazard to guard against;
- Vietnam reality: also happens — trademark hijacking disputes;
- Lesson: don’t wait — for the product to file.
2. Registering trademarks in Vietnam: the route
- Office: the Intellectual Property Office — receiving and examining applications;
- Filing: in person, by post — or online;
- Formal examination: checking — the application’s validity;
- Publication: publishing the application — in the Industrial Property Gazette;
- Substantive examination: assessing — the sign’s protectability;
- Grant: the trademark registration certificate.
3. Registering trademarks in China: the route
- Office: CNIPA — China’s National Intellectual Property Administration;
- Filing: through an agent — foreign entities must use one;
- Examination: examining the application — under CNIPA procedures;
- Publication: an opposition period — third parties may oppose;
- Grant: the certificate — if no opposition succeeds;
- Note: procedural details — ask a Chinese IP agent.
4. The Madrid system: one application, many countries
- Mechanism: an international application — designating member states;
- Members: both China and Vietnam — are Madrid Protocol members;
- Benefit: one application, one language — centralised management;
- Condition: a base application — needed in the home country;
- Risk: dependence on the base — for the first five years;
- Strategy: weighing — Madrid vs national filings.
5. Searching for prior trademarks
- Purpose: detecting — identical or confusingly similar marks;
- Vietnam: the database — of the IP Office;
- China: the database — of CNIPA;
- Deep search: hiring specialists — to assess registrability;
- Chinese language: transliterations and meanings — check translated brand names;
- Saving: searching first — avoids wasted fees on refused filings.
6. Classifying goods and services (Nice)
- System: the Nice Classification — international, used by both;
- Choosing: the right classes — for goods/services traded;
- China: sub-classes — more granular, mind designations;
- Expanding: reserving — classes for future business;
- Cost: per-class fees — more classes cost more;
- Advice: an IP agent — builds a sensible protection scope.
7. Patent registration in Vietnam
- Types: invention patents, utility solutions — two tiers;
- Conditions: novelty, inventive step — industrial applicability;
- Examination: requesting substantive examination — within statutory time;
- Time: lasting years — patience needed (qualitative);
- Secrecy: keeping secret — before the filing date;
- Agent: an IP representative organisation — drafting specifications.
8. Patent registration in China
- Office: CNIPA — examining patent applications;
- Types: inventions, utility models, designs — three kinds;
- Confidentiality examination: inventions completed in China — must pass confidentiality examination before filing abroad;
- Details: ask Chinese counsel — on the examination sequence;
- Language: Chinese — translation quality defines scope;
- Strategy: filing early — securing the priority date.
9. The PCT route for patents
- Mechanism: a PCT application — one international filing, national phases later;
- Benefit: delaying — decisions on each country;
- Search: the international search report — assessing prospects;
- Both countries: both are PCT members — national phases available;
- Cost: high upfront — but flexible;
- Fit: high-value patents — many markets.
10. Grant timelines: realistic frames
- Vietnam trademarks: counted in months — if smooth (qualitative);
- China trademarks: relatively fast — by general standards;
- Patents: counted in years — in both countries;
- Factors: refusals, oppositions — lengthen timelines;
- Planning: filing early — before product launch;
- No invented numbers: asking agents — for current realities.
11. Registration and maintenance costs: components
- Official fees: filing, examination — grant fees;
- Agent fees: drafting, prosecution — answering refusals;
- Translation: Chinese/Vietnamese — a significant cost;
- Maintenance: annual maintenance fees — for patents;
- Trademark renewal: every 10 years — renewal fees;
- Budget: budgeting — the full lifecycle, not just filing.
12. Refusals and how to overcome them
- Grounds: lacking distinctiveness — describing the goods;
- Conflict: cited marks — confusingly similar;
- Responding: arguing — to the examiner;
- Limiting: narrowing scope — dropping conflicting classes;
- Appeal: the right to appeal — refused applications;
- Prevention: thorough searching — reducing refusal risk.
13. Third-party oppositions
- Right: third parties — may oppose published applications;
- Grounds: earlier rights — trademarks, trade names;
- Procedure: filing opposition papers — with evidence;
- Rebuttal: the applicant — may present views;
- Delay: timelines — grow significantly;
- Settlement: coexistence agreements — in some cases.
14. Assignment and licensing
- Assignment: contracts — registering with the office;
- Licence: permitting use — exclusive or not;
- Recording: recordal — against third parties;
- Value: valuing — IP assets;
- Tax: tax obligations — assignments, royalties;
- Cross-border: registering in both countries — for related deals.
15. Enforcing IP rights
- Administrative: competent authorities — handling infringements;
- Civil: suing — claiming damages;
- Border: customs — detaining infringing goods;
- China: stronger enforcement — in recent years (qualitative);
- Vietnam: strengthening — the enforcement system;
- Strategy: combining — multiple measures.
16. Trade names and domain names
- Trade names: protection — under competition law;
- Domains: first-come — registration principle;
- Conflict: domains matching trademarks — disputes;
- Resolution: domain arbitration — or courts;
- Prevention: registering early — popular extensions;
- Both countries: .cn and .vn — register in each.
17. Trade secrets vs patent registration
- Choice: disclose for protection — or keep secret;
- Secrets: no time limit — if kept;
- Patents: time-limited exclusivity — in exchange for disclosure;
- Secret risks: leaks, reverse-engineering;
- Combine: registering part — keeping part secret;
- Contracts: NDAs — with staff and partners.
18. Industrial designs
- Subject: the outward appearance — of products;
- Registration: faster than patents — simpler examination;
- Term: limited term — renewable;
- China: one of three types — at CNIPA;
- Strategy: combining — trademark + design + patent;
- Fashion, electronics: especially important — short lifecycles.
19. IP strategy for Chinese investors entering Vietnam
- Before entry: searching — trademarks in Vietnam;
- Register at once: the core marks — once investment is decided;
- Vietnamese version: considering — registering a Vietnamese name;
- Technology: assessing — patent filings in Vietnam;
- Contracts: IP clauses — with Vietnamese partners and staff;
- Monitoring: watching the market — detecting infringements.
20. Choosing an IP representative
- Mandatory: foreign organisations — in China must use agents;
- Vietnam: recommended — using professional representatives;
- Criteria: experience — in your sector;
- Fees: all-in quotes — by stage;
- Coordinate: one contact — for both countries;
- Verify: practising licences — of IP representatives.
21. Trademark/patent filing checklist
- Search — done in both countries?
- Classes — correct Nice classes?
- Agent — engaged in each country?
- Budget — full lifecycle costed?
- Timing — filed before launch?
- Watch — maintenance scheduled?
22. Trademark squatting in China: defensive filings
- Reality: bad-faith filings — of foreign brands;
- Defence: registering early — before market entry;
- Variants: Chinese transliterations — register them too;
- Watch: monitoring — new filings;
- Remedy: opposition and invalidation — against squatters;
- Cost: defence cheaper — than recovery.
23. Managing patent annuities across countries
- Track: deadline calendars — per country;
- Pay: annuity services — specialised providers;
- Review: pruning — dropping low-value patents;
- Budget: escalating fees — rising over time;
- Miss: restoration — possible within limits;
- System: docketing software — recommended.
Contact us
FLAT Law Firm advises Chinese investors throughout the Vietnam investment cycle — from deal structuring and licensing to operations and compliance. Contact us for advice tailored to your project.
This article has been quality-reviewed by the FLAW AI Legal Council