With American businesses increasingly investing and operating in Vietnam, the need to register a trademark in Vietnam for American companies is becoming a crucial solution to protect Vietnam trademark registration and mitigate the risk of Vietnam IP law infringement. Under the “first to file” principle of Vietnamese law, early trademark filing in Vietnam helps businesses secure their right to use their brand in the market. Simultaneously, services such as exclusive logo registration, brand protection in Vietnam, and trademark registration in Vietnam are attracting significant interest from businesses today. This article by Viet An Law Firm will help clients better understand this legal issue.
Trademark registration in Vietnam for a US company is a legal procedure to establish industrial property rights over a US company’s trademark in Vietnam. After being granted protection, the owner has the exclusive right to use the trademark for the registered goods and services.
Exclusive trademark registration provides US trademark protection under Vietnamese law against trademark infringement.
Specific characteristics of US trademark protection in Vietnam
According to Clauses 1 and 2 of Article 89 of the 2005 Vietnam IP law (amended in 2009, 2019, 2022, and 2025), the following cases will submit an application for intellectual property protection in Vietnam through a legal representative in Vietnam:
Some trademarks protected in the US may not necessarily be eligible for protection in Vietnam if:
These conditions are stipulated in Articles 72, 73, and 74 of the Vietnam IP Law.
Vietnam trademark registration helps American companies establish legal ownership of their brands before doing business or expanding their market in Vietnam, limiting the risk of being registered by others.
When trademarks are protected, businesses have a legal basis to handle infringement, counterfeit goods, and avoid disputes related to trademark ownership.
For American businesses operating under the franchise model, trademark protection in Vietnam is a crucial condition for expanding the franchise system, controlling trademark use, and enhancing business value.
Procedure for US trademark registration in Vietnam
US businesses should conduct an international trademark registration search before proceeding with trademark filing in Vietnam to assess the likelihood of protection and check for the risk of duplication or similarity with trademarks already registered in Vietnam. This is a crucial step to minimize the risk of application rejection.
The documents typically include:
US companies without a commercial presence in Vietnam must submit their applications through an industrial property representative organization as stipulated in Article 89 of the Vietnam IP Law. Applications can be submitted in person or online.
The Intellectual Property Office will examine the validity of the application. If the application is valid, it will be published in the Industrial Property Gazette so that third parties have the right to object if necessary.
The registration authority will assess the protectability of the trademark based on conditions regarding distinctiveness, likelihood of confusion, and prohibited acts under the Vietnam IP Law.
If all conditions are met, the Intellectual Property Office will grant a Trademark Registration Certificate to the US company. The registration certificate is valid for 10 years and can be renewed multiple times consecutively.
Yes. According to Article 89 of the Vietnam IP Law, a US company can absolutely register a trademark in Vietnam even without establishing a legal entity in Vietnam. However, the company needs to submit the application through a licensed industrial property representative organization in Vietnam.
Businesses should register as early as possible, before introducing products or services to the Vietnamese market. This helps limit the risk of another party registering the trademark before them, based on the “first to file” principle.
No, trademarks registered in the US are not automatically protected in Vietnam. Intellectual property rights for trademarks are territorial, meaning they are only protected in the country where the trademark was granted. To obtain protection in Vietnam, you must re-register through specific legal channels.
Yes. Since both the United States and Vietnam are members of the Madrid Protocol, US businesses can utilize Madrid System trademark registration to designate protection in Vietnam.
Registering and protecting trademarks in Vietnam for US companies requires businesses to prepare the application correctly, classify it appropriately, and closely monitor the processing at the Intellectual Property Office. In reality, many foreign businesses face difficulties when carrying out the procedures themselves due to differences in laws and registration procedures in Vietnam.
With experience advising on intellectual property for many foreign businesses, Viet An Law Firm provides a comprehensive trademark registration service for US companies in Vietnam, supporting businesses in protecting their brands quickly and in accordance with regulations.
Using professional legal services will help businesses:
If clients have any further questions, please contact Viet An Law Firm for the most effective support.
