Intellectual Property in Vietnam

In Vietnam, trade mark registration follows the first-to-file principle: the right belongs to the party that files first, not the party that used first. A brand traded under for years can therefore still lose the ability to register it if someone else files earlier. The same exposure runs through industrial designs and patents, and through software, documentation and artwork created by employees or external contractors under agreements that never say who owns the result.

At a glance: intellectual property

Suitable for	Enterprises building a brand, manufacturing products with their own design, developing software, or preparing to franchise.
Key documents	The mark as used, the list of goods and services, and the employment and outsourcing contracts under which the material was created.
Checkpoints	Registrability, earlier-filed conflicting marks, the true owner of creative output, and the territorial scope of protection.

Scope of intellectual property work

Registrability searches and trade mark strategy advice before launching a new brand or product line.
Filing and prosecution of trade mark, industrial design, patent and utility solution applications in Vietnam.
Responding to office actions, refusal notices and handling third-party oppositions.
Copyright and related-rights registration for software, documentation, designs and digital content.
Drafting and reviewing licensing and IP assignment agreements, and IP ownership clauses in outsourcing contracts.
Handling infringement: evidence collection, warning letters, requests for administrative action, border control and litigation where needed.

How FLAT LAW FIRM helps

Assessing the existing IP portfolio and identifying assets whose rights have not yet been established.
Designing the filing scope around the product and service groups that fit the business plan, rather than scattered filings.
Reviewing employment contracts, service contracts and agreements with design and software development providers to ensure rights vest in the enterprise.
Advising multi-country protection strategies for exporters and foreign-invested enterprises.
Coordinating action against counterfeit and infringing goods on distribution channels and e-commerce platforms.

Common risks

Using a brand for years without filing, then losing the right to register when someone else files first.
Registering the trade mark in the founder’s personal name while the enterprise is the party commercially exploiting it.
Hiring an outside agency to design a logo, packaging or software without any assignment of ownership in the contract.
Registering in Vietnam but exporting to markets with no protection, leading to seizure at the importing country’s border.
Licensing the brand or allowing partners to use it on the basis of oral agreements, with no control over quality and scope.
Discovering infringement but lacking valid evidence from the time of discovery, making enforcement difficult.

Documents to prepare

Mark samples, logos, packaging and the list of goods and services of intended use.
The applicant’s legal dossier and information about creators and commissioning parties.
Employment contracts, outsourcing contracts and signed agreements relating to creative output.
Evidence of use: images, invoices, advertising materials, sales pages.
Information on export markets or planned expansion markets.

Priority order when building an IP portfolio

The first step is not to file as many applications as possible, but to identify which assets actually generate revenue. For most enterprises, that is the trade name and the marks attached to the best-selling products, followed by packaging designs, internal software or technical processes. The portfolio should start from this group so the budget goes to the highest-value protection.

The second step is to clarify who owns what. Many disputes arise not with outsiders but with co-founders, former employees or design agencies previously worked with. Contracts that fail to provide for assignment of rights in creative output are the most common cause, and this is a problem a few clauses can solve from the outset.

The third step is territorial scope. Industrial property rights are territorial: registration in Vietnam creates no rights in export markets. For enterprises selling abroad, consider filing in key markets or using international registration systems — and do it before the product appears publicly in that market.

Reference legal framework

Intellectual property rights in Vietnam are governed by the Law on Intellectual Property of 2005, as amended and supplemented in 2009, 2019 and 2022, together with guiding decrees and circulars. The authority receiving and processing industrial property applications is the Intellectual Property Office of Vietnam; copyright and related rights are registered with the state management authority for copyright.

Vietnam is a member of many international IP treaties, including the Paris Convention, the Madrid Agreement and Protocol on international trade mark registration, and the Patent Cooperation Treaty (PCT). Time limits, forms and fee levels may change under the regulations in force, so they should be checked at the time of filing.

A note on dispute resolution: from 10/06/2026, Resolution 04/2026/UBTVQH16 (amending Resolution 81/2025/UBTVQH15) adjusts the territorial jurisdiction of courts over intellectual property cases — the competent court must be checked before filing suit.

The full text of the Law on Intellectual Property and guiding instruments can be found at the Government’s system of normative legal documents; information on procedures, forms and application searches is published by the Intellectual Property Office of Vietnam.

Frequently asked questions

A business has used its brand for years — does it still need to register?

Strongly recommended. Actual use does not replace a protection certificate, and the earlier filer is usually in the stronger position in a dispute.

Should a trade mark be registered in the company’s name or an individual’s name?

Normally in the name of the legal entity commercially exploiting it, to avoid complications when raising capital, transferring, or when the individual leaves the enterprise.

If an outside agency designs the logo, who owns it?

It depends on the contract. If the contract does not clearly provide for assignment, the enterprise may only have a right of use rather than full ownership.

Does registration in Vietnam give protection abroad?

No. Industrial property rights are territorial; protection in another market requires registration under that country’s system or through an international registration system.

How to handle counterfeits found on e-commerce platforms?

First collect valid evidence of the conduct and of one’s own rights, then choose between takedown requests, administrative action or litigation depending on the scale and objectives.

Useful links

You should talk to a lawyer if:

You are about to launch a new brand or product line and need a registrability search before investing in marketing.
You discover an earlier-filed conflicting trade mark application or receive a refusal notice or opposition.
Contracts with employees, design contractors or software development providers do not clearly provide for IP assignment.
You are preparing a franchise, brand licensing or capital raising and need to clarify who owns the IP assets.
You discover counterfeit or infringing goods on the market or e-commerce platforms and need a fast response plan.

Talk to FLAT LAW FIRM

You can send mark samples, lists of goods and services and related contracts for our team to assess the next steps.