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Trademark Assignment in Vietnam: Re-Registration at IP Vietnam and Conditions of Validity

5 min readFLAT LAW FIRM
Modern glass corporate building — illustrating an article on trademark assignment procedures in Vietnam

A trademark assignment transfers ownership of a trademark from the current owner to a new owner — commonly called “re-registering” the protection title. Unlike licensing (which transfers only the right of use), an assignment takes effect only when registered with the competent state industrial property authority, i.e. the Intellectual Property Office of Vietnam — IP Vietnam (Article 148.1 of the IP Law, consolidated document 67/VBHN-VPQH). This article explains the conditions, the procedure and the common pitfalls.

1. How assignment differs from licensing

  • Assignment = transfer of ownership: after the transaction, the assignee becomes the certificate holder, recorded on the protection title, in the National Register and in the Industrial Property Gazette.
  • Licensing = transfer of the right to use: the owner keeps ownership; from 1 April 2026, registration is no longer mandatory (Clause 52, Article 1 of Law 131/2025/QH15).
  • Therefore, under an assignment contract not yet registered with IP Vietnam, the assignee is not yet the certificate holder — registration is a condition of validity, not merely a matter of effect against third parties.

2. Conditions for trademark assignment (Articles 138–139)

An industrial property assignment contract must be in writing (Article 138). Trademark assignment is limited by the conditions in Article 139:

  • Within the protected scope (Article 139.1): assignment is only possible within the scope of rights established on the title;
  • Must not cause confusion as to the characteristics or origin of the goods or services bearing the trademark (Article 139.4) — the mark may not be “split” in a way that misleads consumers about origin;
  • A trademark may only be assigned to an organization or individual meeting the conditions for registering that trademark (Article 139.5) — a practical barrier for collective marks and certification marks, since not every party qualifies as a holder;
  • The specific cases deemed to cause confusion in trademark assignment are listed in Article 60 of Decree 65/2023/ND-CP.

3. Contents of the assignment contract (Article 140)

The contract must fully state: the names and addresses of the assignor and the assignee; the basis of the assignment; the assignment price; and the rights and obligations of the parties. Missing these principal contents, the contract risks being assessed as an insufficient basis for registration.

4. The “re-registration” procedure at IP Vietnam (Article 59, Decree 65/2023)

Under Article 59 of Decree 65/2023/ND-CP (as amended by Decree 100/2026/ND-CP, effective 1 April 2026), the registration procedure is as follows:

  • IP Vietnam examines the assignment registration dossier;
  • Within 02 months, IP Vietnam issues a decision recognizing the assignment and records the new owner on the protection title;
  • For a partial assignment: a new trademark registration certificate is issued to the assignee, limited to the list of goods/services of the original title;
  • The assignment is recorded in the National Register of industrial property;
  • Publication in the Industrial Property Gazette within 30 days of the decision;
  • If the dossier is invalid: IP Vietnam notifies its intended refusal, and the applicant has 02 months to remedy the dossier.

Note: the 02-month period is the statutory timeframe; actual processing time at IP Vietnam may be longer depending on workload. The detailed dossier components under the new forms (Circular 10/2026/TT-BKHCN, forms amended by Circular 20/2026 from 1 July 2026) should be checked directly on IP Vietnam’s portal (ipon.gov.vn) before filing.

5. Common risks and recommendations

  • Contract signed but registration delayed: the assignee is not yet the title holder and cannot enforce the exclusive rights against infringers in the capacity of owner;
  • Assignment causing confusion as to origin: the contract may be refused registration under Article 139.4 and Article 60 of Decree 65/2023;
  • Assigning a collective/certification mark to an unqualified party: a breach of Article 139.5;
  • Missing principal contents in the contract (Article 140), causing the dossier to be returned for remedy and delaying the process;
  • Before signing, verify the legal status of the title (still valid, not under dispute) and clarify whether the assignment is total or partial.

6. Frequently asked questions

What legal steps does “re-registering” a trademark involve?
IP Vietnam’s decision recognizing the assignment + recording the new owner on the protection title + entry in the National Register + publication in the Industrial Property Gazette.

Is a partial trademark assignment allowed?
Yes. IP Vietnam issues a new certificate to the assignee, limited to the assigned list of goods/services of the original title.

When does an assignment contract take effect?
Only when registered with the competent state industrial property authority (Article 148.1). A signed but unregistered contract does not yet transfer ownership.

What are the registration fees?
Current fees must be checked against the latest industrial property fee schedule before filing; do not rely on old figures.

Sources

  • Law on Intellectual Property, consolidated document 67/VBHN-VPQH: Articles 138, 139, 140, Article 148.1;
  • Decree 65/2023/ND-CP: Articles 59 and 60 (as amended by Decree 100/2026/ND-CP);
  • Decree 100/2026/ND-CP — effective 1 April 2026;
  • Circular 10/2026/TT-BKHCN — effective 1 April 2026 (forms amended by Circular 20/2026 from 1 July 2026).

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For reference only; not legal advice. This content was drafted by AI and will be quality-checked by the AI Legal Council of FLAT Law Firm before publication review; it is not legal advice from a human lawyer. Regulations may change; please check the current legal texts before relying on this information.

Need an assignment contract drafted or a trademark re-registration handled at IP Vietnam? Contact FLAT Law Firm for advice.