Beyond the ordinary trademarks businesses register every day, Vietnamese law recognises two special types: collective marks and certification marks. The three types differ fundamentally in who uses them, the purpose of protection and management duties — understanding the differences helps businesses, associations and certification bodies choose the right protection tool.
Definitions of the three types of marks
Under Article 4 of the Law on Intellectual Property (Consolidated Document 67/VBHN-VPQH): an ordinary mark (point 16) is a sign distinguishing the goods or services of different organisations or individuals; a collective mark (point 17) distinguishes the goods or services of the members of the organisation owning the mark from those of organisations or individuals not members of that organisation; a certification mark (point 18) is a mark whose owner permits other organisations or individuals to use it to certify characteristics of origin, materials, production methods, service provision methods, quality, accuracy, safety or other characteristics of the marked goods or services. In short: ordinary marks distinguish oneself, collective marks distinguish members’ goods, certification marks certify characteristics for others.
Applicable legal framework and effect
The current framework comprises Law on Intellectual Property 50/2005/QH11 consolidated in Consolidated Document 67/VBHN-VPQH (23 March 2026) — including Law 131/2025/QH15 (effective 1 April 2026); Decree 65/2023/ND-CP (amended by Decrees 15/2026, 33/2026 and 100/2026/ND-CP, effective 1 April 2026; Consolidated Document 04/VBHN-BKHCN); and Circular 10/2026/TT-BKHCN (effective 1 April 2026), replacing Circular 23/2023/TT-BKHCN — governing trademark application dossiers (Articles 68–70) and the contents of regulations on use (Articles 69.5–6). An important new point: Article 105 of the Law on Intellectual Property (the statutory requirement for regulations on use) has been repealed by Law 131/2025 — the contents of regulations are now governed by Circular 10/2026/TT-BKHCN; Article 105 should no longer be cited.
Who may register each type?
Ordinary marks (Articles 87.1–87.2): organisations or individuals registering for goods they produce or services they provide; lawful commercial traders may register for products they market but others produce — provided the producer does not use the mark and does not object. Collective marks (Article 87.3): a lawfully established collective organisation, for use by its members under the regulations; for signs indicating geographical origin: the collective organisation of local producers/traders; for place names and other signs indicating geographical origin of Vietnamese local specialities: permission from the competent authority is required. Certification marks (Article 87.4): an organisation with the function of controlling and certifying quality, characteristics, origin or other criteria of goods or services — on condition it does not produce or trade those goods or services. This is the “no player-referee” principle: a certification body may not itself trade in the certified goods.
Regulations on use — a mandatory application document
Applications for collective or certification marks must include regulations on use (Articles 68.3 and 70.1(a3) of Circular 10/2026/TT-BKHCN). Contents for collective marks: information on the mark and the goods/services; name, address and establishment basis of the collective organisation; membership criteria; list of members; conditions of use (for geographical signs: conditions on geographical origin and characteristics); measures for handling breaches of the regulations (Article 69.5). Contents for certification marks: information on the mark and the certified goods/services; the owning organisation; conditions for permitted use; the certified characteristics; evaluation and control methods; certification and protection costs, if any (Article 69.6). The regulations are published on the Intellectual Property Office of Vietnam’s website. For place names and local specialities, the competent authority’s permission is issued by the provincial People’s Committee of the locality together with a map (Article 69.7 of Circular 10/2026/TT-BKHCN).
Sanction for failing to manage under the regulations: loss of the title
The two special mark types are closely supervised on enforcement of their regulations. A collective mark title is terminated where the owner fails to control, or ineffectively controls, implementation of the regulations (Article 95.1(dd) of the Law on Intellectual Property); a certification mark title is terminated where the owner breaches the regulations or fails to control/ineffectively controls their implementation (Article 95.1(e)). Obtaining a collective or certification mark is only the first step — maintaining a management system under the regulations is a continuing duty.
Restrictions on transfer
The right to use a collective mark may not be transferred to organisations or individuals that are not members of the collective mark owner (Article 142.2). For assignment: the assignment must not confuse as to the characteristics or origin of goods/services; the assignee must satisfy the conditions of a person entitled to register — for collective and certification marks, the assignee must be a corresponding collective organisation or certification body, and the dossier must include the assignee’s new regulations on use (Articles 139.4–5 of the Law on Intellectual Property; Article 60.2 of Decree 65/2023/ND-CP; Circular 10/2026/TT-BKHCN).
The geographical-sign exception: the lawful “door” of these two mark types
Under Articles 74.2(dd) and 74.2(dd1) of the Law on Intellectual Property, signs indicating the geographical origin of goods or services are ordinarily deemed non-distinctive — except where registered as collective marks or certification marks. This is the most important practical reason for the two special mark types: they are the lawful “door” for protecting geographical signs and regional specialities, which ordinary marks cannot achieve.
Risks and practical recommendations
The biggest risk with collective and certification marks is drafting perfunctory regulations or loosening management after the title issues — resulting in termination under Articles 95.1(dd) and (e). Recommendations: draft detailed, workable regulations from the filing stage (following the mandatory items in Articles 69.5–6 of Circular 10/2026/TT-BKHCN); set up member/licensee control mechanisms from the start; and for geographical signs, complete the provincial People’s Committee permission before filing.
Frequently asked questions
How does a certification mark differ from an ordinary mark?
The certification mark owner does not use the mark itself but permits others to use it to certify characteristics of goods or services (Article 4.18); the certifying organisation is prohibited from producing or trading the marked goods or services (Article 87.4); and the application must include regulations on use (Circular 10/2026/TT-BKHCN).
May a certification body itself sell goods bearing the certification mark?
No. Article 87.4 of the Law on Intellectual Property provides that an organisation registering a certification mark must not produce or trade the goods or services bearing that mark.
What happens if the regulations are not managed?
The title may be terminated: for collective marks where the owner fails to control or ineffectively controls implementation of the regulations (Article 95.1(dd)); for certification marks where the owner breaches the regulations or fails to control/ineffectively controls them (Article 95.1(e)).
Where are regulations on use now governed?
Article 105 of the Law on Intellectual Property was repealed by Law 131/2025. The contents of regulations on use are now governed by Circular 10/2026/TT-BKHCN (Articles 69.5–6); application dossiers under Articles 68–70.
Sources
- Law on Intellectual Property 50/2005/QH11, consolidated in Consolidated Document 67/VBHN-VPQH (23 March 2026) — Articles 4.16, 4.17, 4.18, 74.2(dd), 74.2(dd1), 87.1–87.4, 95.1(dd), 95.1(e), 139.4–139.5, 142.2 (including amendments by Law 131/2025/QH15, effective 1 April 2026 — with Article 105 repealed);
- Circular 10/2026/TT-BKHCN (effective 1 April 2026) — Articles 68–70, 69.5, 69.6, 69.7, 70.1(a3);
- Decree 65/2023/ND-CP (amended by Decrees 15/2026, 33/2026, 100/2026/ND-CP, effective 1 April 2026; Consolidated Document 04/VBHN-BKHCN) — Article 60.2.
Disclaimer: This article is for general reference only and does not replace legal advice for any specific case.
Content transparency: Content quality-checked by the AI Legal Council; not reviewed by a human lawyer.
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If you need advice on registering collective or certification marks, or drafting regulations on use in Vietnam, contact FLAT LAW FIRM for advice.
