A mobile app’s name and icon are its most valuable brand assets — yet many developers only register a domain name and open developer accounts on the App Store/Google Play, forgetting that without trademark registration there is no legal exclusivity over the name and icon. This guide covers trademark registration procedures for app names and icons in Vietnam under current regulations.
Can an app name and icon be trademarked?
Yes — if the two conditions in Article 72 of the IP Law (Consolidated Document 67/VBHN-VPQH 2026) are met: (1) a visible sign (letters, words, drawings, images, three-dimensional figures, combinations, colors — and sound signs representable graphically); (2) capable of distinguishing the owner’s goods/services from others’.
Is your app name distinctive? Article 74 decides:
- Coined words (Grab, MoMo, Zalo) → distinctive → registrable;
- Signs merely descriptive of the type, quality, properties or function of the goods/services (e.g., “Fast Messenger”, “Cheap Ride”, “FastFood”, “GoodMusic”) → not distinctive under Article 74.2(c), unless proven to have acquired distinctiveness through use before filing;
- Common names of goods/services, or descriptions of legal form/business field (Articles 74.2(b), (d)) → not registrable;
- Identical or confusingly similar to protected marks, earlier-filed applications, or widely used marks (Articles 74.2(e)–(i)) → refused.
App names must be carefully searched against prior marks. Note: domain names, enterprise names and trademarks are three independent registration systems — trademark registration does not automatically give you domain rights, and vice versa.
Which Nice classes to file in?
Per the IP Office of Vietnam’s official classification (Nice version 12-2025, applied from 1 January 2025):
- Class 9 — code 090717: “Computer software applications, downloadable” → the core class, mandatory for the app name + icon;
- Class 42: software services, SaaS, PaaS, software development/analysis, cloud storage;
- Class 38: telecommunications, messaging services;
- Class 35: advertising, business management via the app;
- Classes 36/41 depending on features (payments, digital content).
One application may cover multiple classes — consider add-on classes per your app’s business model. (Note: WIPO has published Nice 13-2026 but the Office’s official site still lists Nice 12-2025 — check the latest version with the IP Office before filing.)
Name (word) and icon (device): one application or two?
The law does not prohibit filing one combined application (word + device). However, practitioners recommend filing two separate applications: one word mark + one device mark. Reason: if one element is weak (e.g., a descriptive app name), it won’t “kill” the whole application; independent protection of each element is more flexible for exploitation, assignment or enforcement. This is practical advice, not a mandatory rule.
Can an animated icon be registered? The law requires a “visible” sign (Article 72) — no specific guidance exists yet, so this cannot be confirmed.
Registration procedure: dossier, filing place, new timeline
Legal framework: Decree 65/2023/ND-CP (amended by Decrees 15/2026, 33/2026, 100/2026/ND-CP, effective 1 April 2026) + Circular 10/2026/TT-BKHCN (effective 1 April 2026, replacing Circular 23/2023) + Decision 2774/QD-BKHCN (2025) on trademark registration procedures.
Steps:
- Search before filing — strategically mandatory: preliminary search on the IP Office database / WIPO Global Brand Database + official paid search. First-to-file principle (Article 90): whoever files first gets the certificate if all conditions are met.
- Prepare the dossier per Circular 10/2026: trademark application declaration, mark specimens, Nice-classified goods/services list, fee receipts, power of attorney (if via IP agent).
- File: online via the Ministry of Science and Technology’s administrative procedure system, or in person/by post at the IP Office (Hanoi) / representative offices in Ho Chi Minh City, Da Nang. Foreigners without a base in Vietnam must file via an IP agent (Article 89).
- Examination: the application is published immediately after receipt (new Article 110.1a — Law 131/2025); publication within 1 month (Article 110.3 — down from 2 months); substantive examination within 5 months (Article 119.2b — down from 9 months). In practice, grant usually takes 18–24 months from filing (practitioner experience, for reference).
- Grant: the trademark registration certificate is valid 10 years from the filing date, renewable indefinitely every 10 years (Articles 93.6, 94).
Reference fees (Circular 263/2016/TT-BTC; 50% reduction until 31 December 2026 per Circular 64/2025/TT-BTC; exemption of filing + grant fees for public services via VNeID until 31 December 2026 per Circular 29/2026/TT-BTC): filing fee VND 150,000/application; publication fee VND 120,000; substantive examination VND 550,000/class (≤6 goods/services) + VND 120,000 per 7th+ item; search fee VND 180,000/class; grant fee VND 120,000 (+VND 100,000 per 2nd+ class). Note these are rates within the reduction/exemption policy period, not permanent fixed rates.
App GUI/UX: a new protection prospect
Noteworthy new point — Article 67.1 IP Law (Law 131/2025): an industrial design is protectable when it “can serve as a model… through manufacturing a physical product… or for identical reproduction of a non-physical product in cyberspace“. The law has opened the door to industrial design protection for digital objects such as an app’s graphical user interface (GUI/UX) at statutory level. However, detailed procedures are not yet available (the Ministry of Science and Technology had issued no guidance as of 14 October 2026) — this is a legal prospect only, not actionable filing guidance. Static icons are registered as device marks as usual.
Risks and recommendations
- Search before naming your app — functional descriptive names (“Fast Messenger”, “Cheap Ride”) will almost certainly be refused under Article 74.2(c); choose a highly distinctive coined name.
- File two separate applications for the name (word) and icon (device) for independent protection.
- Class 9 (090717) is the minimum; add classes 42/38/35 per business model — one application covers multiple classes.
- File early — first-to-file (Article 90): a competitor filing first means losing the right.
- Use the fee reduction/exemption until 31 December 2026 (filing via VNeID exempts filing + grant fees).
FAQ
How long does app trademark registration take?
Under the new law (from 1 April 2026): publication immediately after receipt, 1-month publication, 5-month substantive examination. In practice, grant usually takes 18–24 months.
Can a functionally descriptive app name be registered?
No — unless proven to have acquired distinctiveness through extensive use before filing (Article 74.2(c)).
I already own the .vn domain — do I still need trademark registration?
Yes — domain names, enterprise names and trademarks are three independent systems. Owning the domain gives you no trademark exclusivity and doesn’t stop others registering an identical trademark.
References
- Intellectual Property Law — Consolidated Document 67/VBHN-VPQH (23 March 2026), including Law 131/2025/QH15: Articles 67.1, 72, 73, 74, 87, 89, 90, 93.6, 94, 110, 119.
- Decree 65/2023/ND-CP (amended by Decrees 15/2026, 33/2026, 100/2026/ND-CP).
- Circular 10/2026/TT-BKHCN (effective 1 April 2026, replacing Circular 23/2023).
- Decision 2774/QD-BKHCN (2025).
- Circular 263/2016/TT-BTC; Circular 64/2025/TT-BTC; Circular 29/2026/TT-BTC (fees).
Related articles
See also: Infringement of Intellectual Property Rights: When Is Criminal Prosecution Triggered?.
Contact us
If you need trademark searches, dossier preparation for your app name and icon, or handling of refused applications, contact us.
This article is for general reference only and does not replace legal advice for any specific case.
Content quality-reviewed by the AI Legal Council; not reviewed by a human lawyer.
