Scenario: Mr. Son’s Vietnamese footwear brand is imitated by dozens of marketplace storefronts copying its name and logo, selling poor-quality shoes. Duped customers leave 1-star reviews on his genuine storefront. He holds a trademark registration certificate. How should he run an effective brand-protection campaign with this “weapon”?
Step 1: Trademark registration — the brand’s “birth certificate”
A Vietnamese trademark registration certificate is the prerequisite for on-platform enforcement. The IP Law 50/2005/QH11 (amended by Law 131/2025/QH15) protects registered trademark owners. Practice shows: without registration, platform complaints are almost always rejected since platforms cannot verify right ownership. Businesses should register the main brand name, logo and commonly-imitated variants (abbreviations, transliterations); cover the correct goods and service classes; and track validity (10 years, renewable). Registration cost is the smallest investment in any brand-protection campaign.
Step 2: Leverage platform protection mechanisms
Major marketplaces run rights-holder programmes and portals: brands register an IP account, file the trademark certificate once, then submit batch takedown requests against infringing listings without re-filing documents each time. The E-Commerce Law 122/2025/QH15 (effective 1 July 2026) reinforces this through platform duties to receive and handle IP-infringement complaints and remove violating content. For effective takedowns, complaints need: the infringed right identified (certificate number), the infringing act specified (listing links, comparison photos), and a good-faith declaration — reckless or false complaints can restrict the brand’s rights account.
Step 3: Off-platform enforcement where needed
For organised, large-scale infringement, platform takedowns alone are insufficient. Rights holders may: report to market surveillance or economic police for inspection, administrative sanction or criminal prosecution (counterfeit trading — Article 192, 2015 Penal Code); file civil suits seeking injunctions and damages (covering lost profits, anti-infringement costs, reputational harm); and request customs border measures against imported IP-infringing goods (Customs Law 54/2014/QH13 amended by Law 90/2025/QH15 — customs may proactively suspend on clear grounds). Effective campaigns combine: rights registration, market monitoring, rapid on-platform takedowns, and hard enforcement against ringleaders.
Frequently asked questions
Can complaints be filed while trademark registration is pending?
Hardly. Platforms typically require an issued certificate. While waiting, gather brand-use evidence and prepare dossiers to file immediately upon issuance. Hence register early, before going online.
How to handle overseas infringing listings selling to Vietnamese buyers?
File platform takedowns (platforms must handle violations targeting Vietnamese users); plus customs border control where infringing goods enter Vietnam. Cross-border civil suits are costly — prioritise platform mechanisms and border measures.
Are monitoring and anti-infringement costs recoverable as damages?
Yes. Reasonable costs to detect and stop infringement (monitoring, test purchases, legal fees) are recognised damages components in IP-infringement compensation claims.
