Madrid System Trademark Registration from Vietnam: Procedure (2026)

Instead of filing separate trademark applications in each country, Vietnamese businesses can seek protection in multiple countries through the Madrid System — one application, one language, one set of fees. This article explains the procedure for filing a Madrid application originating from Vietnam through the IP Office of Vietnam under current regulations.

Vietnam in the Madrid System

Vietnam is a member of both the Madrid Agreement (since 8 March 1949) and the Madrid Protocol (instrument of accession deposited 11 April 2006, effective 11 July 2006) — WIPO records Vietnam as “VN (A & P)”. Vietnam has declared under Article 8(7)(a) of the Protocol that it collects an individual fee when designated. In practice, Madrid applications originating from Vietnam are filed mainly under the Protocol.

Prerequisite: a base application or registration in Vietnam

A Madrid application originating from Vietnam must be based on a trademark application already filed in Vietnam (the base application) or a trademark registration certificate already granted in Vietnam (the base registration). ⚠️ There is no requirement to wait for grant — a pending base application under examination is sufficient (an advantage of the Protocol over the Agreement).

The mark in the Madrid application must be identical to the mark in the base application/registration, and the declaration’s information must be consistent with the base application/registration (Article 89(3)(c) and 89(4) of Circular 10/2026/TT-BKHCN).

Filing: mandatory through the IP Office of Vietnam (Article 89)

A Madrid application originating from Vietnam must be filed through the IP Office of Vietnam acting as the Office of origin — it may not be filed directly with WIPO — together with payment of the international-registration procedure fee to the Office (Article 89(2) of Circular 10/2026).

Dossier (Article 89(3)):

(a) Request for international registration of a mark originating from Vietnam on Form No. 07 in Vietnamese in Appendix I (note: Circular 20/2026/TT-BKHCN amended several forms — verify the current form number before filing);
(b) Form MM2 of the International Bureau (WIPO) in English or French (2 copies if filed on paper);
(c) The mark specimen identical to the mark in the base application/registration (2 specimens if filed on paper);
(d) Form MM18 in English if the application designates the United States (2 copies if filed on paper);
(đ) Power of attorney in Vietnamese (if filed through a representative);
(e) Other relevant documents (if any).

Processing at the IP Office: transmission to WIPO within 15 working days (Article 90)

Deficient dossier → the Office issues a correction notice; 3 months without satisfactory correction → the application is deemed withdrawn. Satisfactory dossier → the Office notifies the fees payable directly to the International Bureau (WIPO), certifies the application and transmits it to WIPO within 15 working days (Article 90(1)). ⚠️ The old rule was 30 days / 2 months — now reduced to 15 working days.

Date of international registration (Article 90(1)(c)): the date the IP Office of Vietnam received the application (the Office’s receipt stamp), provided WIPO receives it within 2 months of that date; if WIPO receives it later → the date WIPO receives the application becomes the international registration date.

The IP Office’s limited role: the Office only certifies and transmits — it does not grant the international registration; international registration is recorded by WIPO’s International Bureau, and each designated country examines independently under its own law.

Fees: two layers

Applicants pay two groups of fees: (1) the international-registration procedure fee to the IP Office of Vietnam; (2) fees payable directly to WIPO in Swiss francs (CHF): the basic fee + designation fees — complementary fees or individual fees depending on whether the designated country made a declaration under Article 8(7) of the Protocol. No specific amounts are stated here — check WIPO’s Fee Calculator and the current fee schedule at filing.

The 5-year dependency risk and transformation

Under the 5-year dependency principle (Article 6 of the Madrid Protocol), for the first 5 years the international registration depends on the base application/registration: if the base is refused, withdrawn, invalidated or terminated → the international registration loses effect correspondingly (the “central attack”).

Transformation (Article 92 of Circular 10/2026 — per Article 9quinquies of the Protocol): within 3 months of the loss of effect being recorded in the International Register, the holder may file a transformation application as a national application with the IP Office of Vietnam, with the filing date recorded as the international registration date (keeping priority if any), provided the goods/services list does not exceed the scope of the lapsed international registration and was never refused, terminated or invalidated in Vietnam.

Subsequent requests (Article 90(3) and (5))

Subsequent requests — subsequent designation/territorial extension, change of name/address, limitation of the goods/services list, renewal, appointment/change of representative, recordal of assignment, etc. — may be filed directly with WIPO or through the IP Office of Vietnam. If through the Office: declaration on Form No. 08 (Vietnamese) + the corresponding WIPO form + power of attorney; the Office transmits to WIPO within 10 working days; deficiencies → 3 months to correct.

Renewal of an international registration through the Office (Article 90(5)): filed no earlier than 6 months and no later than 1 month before the international registration’s expiry; if within the grace period, no later than 1 month before the grace period ends.

The reverse direction: designating Vietnam

For international registrations designating Vietnam, the IP Office examines substantively like a national application and must conclude within 12 months of WIPO’s notification date (Article 91 of Circular 10/2026). ⚠️ Vietnam has not declared an 18-month refusal period (Article 5(2)(b) of the Protocol) — the refusal period for designations of Vietnam is the standard 12 months (consistent with Article 93(8) of the IP Law).

An international trademark registration designating Vietnam takes effect from the date the Office issues the grant decision or the day after the 12-month period from WIPO’s notification ends — whichever is earlier (Article 93(8) of the IP Law).

Practical risks and notes

Do not file directly with WIPO: applications originating from Vietnam must go through the IP Office — direct WIPO filings will not be accepted.
No need to wait for grant: a pending base application is sufficient as the basis for a Madrid filing (under the Protocol).
Absolute consistency between the mark specimen and goods/services list in the Madrid application and the base application/registration.
Do not forget MM18 when designating the United States — without it, the US designation is invalid.
Beware the central attack: for the first 5 years, the international registration’s fate is tied to the base application — monitor the base closely and remember the transformation right (Article 92) within 3 months.

Frequently asked questions

Must a Madrid application from Vietnam go through the IP Office?

Yes — mandatory. Madrid applications originating from Vietnam must be filed through the IP Office of Vietnam (Office of origin); they may not be filed directly with WIPO (Article 89(2) of Circular 10/2026).

Can I file a Madrid application before grant in Vietnam?

Yes. A trademark application already filed in Vietnam (a pending base application) is sufficient — no need to wait for the certificate.

How quickly does the IP Office transmit to WIPO?

15 working days (Article 90(1) of Circular 10/2026) — the old 30-day/2-month rule has been shortened.

What is the refusal period for designations of Vietnam?

12 months from WIPO’s notification. Vietnam has not declared an 18-month extension.

Legal basis

Madrid Protocol (1989, amended 2006, 2007): Vietnam acceded 11 April 2006, effective 11 July 2006; Madrid Agreement (1891): Vietnam a member since 8 March 1949.
Law on Intellectual Property — consolidated text 67/VBHN-VPQH (issued 23 March 2026): Article 93(8) (effect of international registrations designating Vietnam), Article 120.
Circular 10/2026/TT-BKHCN (31 March 2026, effective 1 April 2026): Article 3(16)–(18) (definitions), Article 89 (Madrid dossier originating from Vietnam), Article 90 (processing, 15-working-day transmission to WIPO; subsequent requests; renewal), Article 91 (examination of Vietnam designations), Article 92 (transformation).
Decree 65/2023/ND-CP (as amended by Decrees 15/2026, 33/2026 and 100/2026; consolidated as 04/VBHN-BKHCN). ⚠️ Articles 25 and 26 (old Madrid procedures) were repealed by Decree 100/2026 — do not cite them.

Note: Circular 23/2023/TT-BKHCN expired on 1 April 2026 and no longer applies.

Contact

If you need assistance with Madrid System international trademark registration or multi-country brand protection strategy, please contact FLAT Law Firm via our contact page.

Disclaimer and transparency notice

This article is for general legal information only. It was drafted and reviewed by the AI Legal Council of FLAT Law Firm under its internal process; it has not been reviewed by a human lawyer and does not constitute legal advice for any specific matter. Please consult a licensed lawyer before taking any procedural step.