An EU agricultural consortium wants to protect the name of its region’s specialty product in Vietnam — not for one company, but for all certified producers back home. An ordinary trademark cannot do this job: it belongs to a single owner and signals a single commercial source. What the consortium needs is a different instrument — a collective mark or a certification mark. Vietnam recognises both, but each comes with its own rules, and confusing the two is the classic first mistake.
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. Article 105 of the IP Law governs the regulations on use of collective and certification marks (paragraphs 4 and 5) — the document that decides whether such an application succeeds or fails. All instruments remain in force as of the writing date.
Collective mark vs certification mark: the distinction that matters
- Collective mark: owned by a collective organisation (cooperative, association, union of companies) and used by its members to distinguish their goods or services from those of non-members. The owner is the organisation; the users are the members.
- Certification mark: owned by an organisation with a control or certification function (quality, origin, characteristics) and used by anyone meeting the certified standards — with one strict condition: the owner itself must not produce or trade the certified goods or services.
The practical test: a French cheese consortium whose members all make the cheese needs a collective mark; an independent EU body certifying that olive oil meets certain standards — without selling oil itself — needs a certification mark. Filing the wrong type means the application fails on eligibility, not on distinctiveness.
The regulations on use: the heart of the application
Unlike ordinary trademarks, these applications must include regulations on use satisfying Article 105(4) and (5): the owner’s identity and legal basis; membership or user eligibility criteria; the list of authorised users; conditions of use; quality control mechanisms; and sanctions for non-compliance. In practice, the Intellectual Property Office examines these regulations as closely as the mark itself — a vague or unenforceable set of rules is the most common ground for refusal.
Where the mark contains a geographical name or a sign indicating the geographical origin of a Vietnamese local specialty, registration additionally requires permission from the competent state authority. EU investors should also note the interaction with geographical indications: a name already protected as a GI in Vietnam (including under the EU–Vietnam FTA commitments) cannot simply be re-registered as a trademark by a private party.
Who can be the owner?
For a collective mark: a lawfully established collective organisation — cooperatives, associations, company groups whose members trade independently. For a certification mark: an organisation whose function includes controlling or certifying the relevant characteristics, evidenced in its charter, establishment decision or business registration. An EU parent company that itself sells the goods cannot own the certification mark for those goods — the certifier must stand apart from the trade.
Action checklist
- Decide first: collective (members’ use) or certification (public use under standards) — the wrong choice fails on eligibility.
- Draft enforceable regulations on use covering Article 105(4)–(5): eligibility, user list, quality control, sanctions.
- Check geographical-name permissions and existing GI protections before filing.
- Ensure the certifier does not trade the certified goods itself.
- File early (about 7 months under Article 119 (3 months on the fast-track route)); calendar 10-year renewals.
Frequently asked questions
1. What is the difference between a collective mark and a certification mark?
A collective mark is used by members of the owning organisation; a certification mark is used by anyone meeting the certified standards, and its owner must not trade the certified goods or services.
2. Can our EU parent company own the certification mark for its own products?
No — the certifier must not produce or trade the certified goods. A company certifying its own products needs a different structure.
3. What must the regulations on use contain?
Owner identity and legal basis, eligibility criteria, authorised user list, conditions of use, quality control and sanctions — per Article 105(4) and (5). Vague rules are the top refusal ground.
4. Can a geographical name be registered as a collective mark?
Yes, but for Vietnamese local specialties it requires permission from the competent authority, and existing GI protections (including EVFTA commitments) must be respected.
5. How long does registration take?
The same track as ordinary trademarks — about 7 months under Article 119 (3 months on the fast-track route) if no refusal or opposition arises.
IP advice for FDI enterprises
Collective and certification marks protect what no ordinary trademark can: a shared reputation. But they demand institutional homework — the regulations on use — that ordinary filings never require. FLAT LAW FIRM advises EU investors on choosing the right instrument and drafting enforceable use regulations. 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
