IP for Foreign Investors: Registration

Scenario: a European fashion brand sells in Vietnam for 2 years through a distributor, never registering its trademark. A local company files for that exact brand name — and gets the certificate. When the European brand applies, it’s rejected as conflicting with a protected mark. Reclaiming it means suing to cancel — costly, slow, uncertain. Vietnam’s most expensive IP lesson: first to file wins — not first to use.

Main protectable subject matter

Trademarks: names, logos, packaging — 10-year terms, renewable;
Patents/utility solutions: 20 years (inventions) / 10 years (utility solutions);
Industrial designs: product appearance — since Law 131/2025, extended to non-physical elements like GUIs and icons;
Copyright: automatic on creation, but registration aids proof in disputes.

First-to-file: file early or lose

Vietnam follows first-to-file: the earlier applicant gets the certificate regardless of actual prior use. Practical consequences:

File the moment you decide to enter — don’t wait for revenue;
File Vietnamese/transliterated versions if the brand will be known locally by one;
Watch applications: monitor the IP gazette to oppose infringing filings in time.

New processing times (Law 131/2025, effective 1/4/2026)

Substantive examination for trademarks: 9 → 5 months;
Patents: 18 → 12 months; industrial designs: 7 → 5 months;
3-month fast-track examination for qualifying patent/trademark filings;
Publication: 2 months → 1 month.

Enforcement against infringement

Administrative: action against counterfeits and infringing goods;
Civil: damages suits, interim emergency measures;
Customs: record with customs to block infringing goods at the border;
Criminal: for commercial-scale trademark counterfeiting.

FAQs

Used 2 years but unregistered — protected?

In principle no — first-to-file applies. Well-known marks have special protection but proving fame is hard. File now.

Where do foreign investors file?

At the Intellectual Property Office (Ministry of Science and Technology), directly or via IP agents. Paris Convention priority claimable.

How long does trademark registration take now?

Under Law 131/2025 (from 1/4/2026): 5 months substantive examination (was 9); full process typically 12–18 months unopposed.

Someone registered my brand — what now?

Oppose (if within time limits), petition to cancel (bad-faith filing), or sue. Prevention (early filing) is always cheaper.

Note: This article is for reference only. Contact FLAT Law Firm.