How to register trademark in Vietnam

In recent years, Vietnam has been one of the fastest-growing markets in Southeast Asia, attracting an increasing number of foreign investors and enterprises to establish businesses and commercial relationships in Vietnam. Unlike some other countries (such as the United States, Canada, the Philippines, etc.), which register trademarks under the first-to-use principle (where rights arise from prior actual use). In Vietnam, a trademark is only protected once it is registered (except for well-known marks), as Vietnam applies the “first-to-file” principle (whoever files first obtains the rights). Therefore, before engaging in business, commercial activities, trade promotion, or registering a commercial presence in Vietnam, foreign investors and merchants should look into how to register trademark in Vietnam to prevent third parties from registering them first and legally using them in the Vietnamese market (unless unfair competition can be proven and opposition procedures against the trademark application must be carried out).

Why do foreigners need to register trademarks in Vietnam?

Many enterprises misunderstand that once a trademark is registered in the US, EU, Japan, China, etc., it is automatically protected in Vietnam. However:

• Intellectual property rights in general and trademark ownership rights in particular are strictly territorial;
• Registration in another country does not automatically take effect in Vietnam;
• Vietnam applies the first-to-file principle, not the first-to-use principle.

Early registration helps enterprises and merchants:

• Prevent trademark appropriation and unfair competition;
• Combat counterfeit and imitation goods;
• Avoid costly legal disputes;
• Create a legal foundation when investing, franchising, or distributing goods and services in Vietnam.

Can foreigners directly file a trademark application in Vietnam?

According to the provisions of Vietnamese law:

• Foreign individuals and organizations cannot directly file trademark registration applications in Vietnam;
• It is mandatory to go through an Intellectual Property Representative Organisation in Vietnam.

With 19 years of experience, Viet An Law is a law firm and also a licensed Industrial Property Representative Organisation, fully qualified to act on behalf of foreign clients in carrying out procedures at the Intellectual Property Office of Vietnam. We are also a member of INTA (International Trademark Association). We support law firms and intellectual property representatives worldwide in establishing rights and handling other legal procedures related to trademarks and intellectual property for foreign clients in Vietnam.

Notes on trademark searches before filing an application by a foreign applicant in Vietnam

• When selecting a trademark as a brand name, you should ensure that the trademark is consistent with, or ideally the same as, the trade name of the enterprise and the domain name you already own. This will increase your brand recognition and significantly reduce the likelihood of the trademark being infringed by a third party.
• A trademark search is not a mandatory procedural step in Vietnam, but we always recommend that clients conduct a trademark search to increase the likelihood of success when filing a trademark application and to save unnecessary time.
• The trademark search is for reference only and is not a basis for granting or refusing a registration certificate (Reasons relate to the priority rights for trademark applications with foreign elements and the database system not being entirely up-to-date at the time of the search).
• Trademark search dossier you need to prepare: 01 trademark specimen with dimensions larger than 3 × 3 cm and no larger than 8 × 8 cm. For sound marks, the trademark specimen is an audio file and a graphical representation of that sound.
• Trademark search fees at Viet An Law Firm: The preliminary trademark search is free of charge; an in-depth search to evaluate the trademark’s registrability incurs a fee (please contact us for a specialized lawyer to provide specific service fee information).

Conditions for filing a trademark application for foreigners in Vietnam

• Subjects with foreign elements can only file applications to establish trademark ownership rights through an Intellectual Property Representative Organization in Vietnam (Viet An Law Firm is one of the intellectual property representative organizations in Vietnam).
• Note: Foreign individuals and organizations that are the right holders of a geographical indication under the laws of the country of origin have the right to register that geographical indication in Vietnam within a trademark application. Compared to a geographical indication registration application by Vietnamese organizations and individuals, foreign organizations and individuals must have documents proving that the geographical indication is currently protected in the country of origin, if it is a foreign geographical indication.

Methods for foreigners to file trademark applications in Vietnam

There are 02 methods for foreign applicants to look into how to register trademark in Vietnam:

Direct filing in Vietnam through an Intellectual Property Representative Company in Vietnam (such as Viet An Law Firm);

Filing a trademark application under the Madrid System.

Viet An Law Firm assists foreign clients in filing trademark applications in Vietnam through both methods according to the needs and choices of each client. We detail the process and procedures for filing a trademark application for foreigners in Vietnam in the diagram below:

Key differences between the two trademark registration procedures for foreigners in Vietnam

• Role of application publication: Other countries emphasize the role of third parties in opposing pending trademark applications. This is something that registered trademark owners pay special attention to in order to protect their rights and prevent any trademarks similar to theirs from being granted a trademark registration certificate. However, in Vietnam, opposition to an application is only relative and for reference purposes.
• Trademark registration fees in Vietnam: Usually much lower than the general level in other countries.

Several notes when filing a trademark application for foreigners in Vietnam

List of goods and services intended for trademark registration. Note that:

• • For each additional class of goods/services protected, the fee for granting a protection title increases by a specific amount as prescribed by law;
  • For each class of goods/services registered for protection containing 6 or more goods/services, an additional fee must be paid for each product/service from the 7th onwards;
  • A trademark application in Vietnam does not limit the number of registered classes (fees only increase according to the increased number of classes).

Notes when registering collective marks and certification marks in Vietnam

In addition to the mandatory documents mentioned above, when registering a collective mark, certification mark, etc., you must provide Viet An Law Firm with the following additional documents:

• Regulations on the use of the collective mark/certification mark;
• A statement explaining the specific (or distinct) nature and quality of the product bearing the registered mark (if the registered mark is a collective mark used for products with a specific nature or a certification mark for the quality of the product or a geographical origin certification mark);
• A map defining the territory (if the registered mark is a certification mark of geographical origin of the product).

Regulations on priority rights when registering trademarks for foreigners in Vietnam

According to Article 91 of the Intellectual Property Law, regarding priority rights when registering trademarks – the applicant for a trademark has the right to claim priority based on the first application filed for protection of the same subject matter. According to this principle, in case many different applicants jointly file identical/similar trademark applications for identical or similar products and services, the application with the earliest priority date or filing date shall be accepted for protection. In case there are multiple applications by different applicants filed for the same subject matter with the same priority date or first filing date, protection is only granted to a single application as agreed upon by these applicants. If the applicants fail to reach an agreement, that subject matter will be refused a protection title. A claim for priority rights will be accepted if it meets the following requirements:

Requirements regarding the subject claiming priority rights

The applicant is a Vietnamese citizen or a citizen of a member state of the Paris Convention or a citizen of another country residing or having a production or business establishment in Vietnam or in a member state of the Paris Convention.

Requirements regarding the territorial scope of filing a trademark application claiming priority

The first application has been filed in Vietnam or in a member state of the Paris Convention, and that application contains a portion corresponding to the claim for priority in the trademark application.

Requirements regarding the time limit for filing an application claiming priority

The application is filed within 06 months for trademark applications from the filing date of the first application.

Regulations on the content of the claim for priority rights

In the trademark application, the applicant clearly states the claim for priority and submits a copy of the first application in case of filing abroad, which must be certified by the Receiving Office of the first application. A copy of the first application may be submitted within 03 months from the filing date.

Requirements for fees and charges for claiming priority rights

The applicant claiming priority rights must pay the full fee for claiming priority rights as prescribed by Vietnam.

Application of the trademark classification in Vietnam

In 2026, Vietnam applies the trademark classification according to the International Classification of Goods and Services under the Nice Agreement (Version 13-2026) published by the World Intellectual Property Organization (WIPO), which will officially take effect on January 1, 2026.

Trademark protection term in Vietnam

The regulation of Vietnam, as well as most countries in the world, regarding the term of trademark protection is 10 years from the filing date. Thereafter, the trademark owner proceeds with renewal to maintain the validity of the trademark registration certificate without limitation. Accordingly, upon each expiration, it will be renewed once more and there is no limit to the number of trademark renewals.

Conditions for foreign trademarks to be protected in Vietnam

A trademark can only be exclusively protected within the territory of Vietnam when it is registered in Vietnam or designates a trademark application to Vietnam. Similar to other countries and regulations in international treaties on industrial property in general and trademarks in particular, a trademark is only protected within the national territory. Therefore, a trademark is only protected in Vietnam when the client registers it in Vietnam (except for well-known trademarks). When a trademark is registered for protection, the owner has the right to exclusively use the trademark during the protection period within the territory of Vietnam. This helps prevent intellectual property infringement acts by third parties, protecting the business from counterfeiting or imitating products, and misappropriating the trademark in Vietnam even if it has been protected abroad.

Trademark registration services for foreigners in Vietnam by Viet An Law Firm

• Viet An Law Firm supports the applicant with a preliminary trademark search free of charge.
• Conduct official trademark searches to obtain comprehensive results determining the plan for filing a trademark application at the Intellectual Property Office of Vietnam.
• Consulting on registration conditions and trademark registration procedures in Vietnam.
• Consulting on similar, identical, and confusing signs leading to the trademark not being granted a protection title.
• Consulting on determining classes and subclasses for the trademark to avoid formal and substantive rejections during the trademark application examination process at the Intellectual Property Office.
• Consulting on options to amend the trademark registration to have the capability of being registered and granted a certificate for the applicant.
• Consulting and guiding the time of establishing rights to a trademark: According to the provisions of Vietnamese law and some other countries, a trademark is only established on the basis of a decision to grant an exclusive protection title or the recognition of an international registration by the Intellectual Property Office. This is precisely the principle of prioritizing the first-to-register, unlike the intellectual property law of the US and some other countries where trademarks are established on the basis of proving priority to the first-to-use.
• Consulting on the scope of protection of a trademark registration certificate: Rights to trademarks in particular and intellectual property rights in general are confirmed regarding the scope of protection according to national territory, meaning that when a trademark is registered for protection in a country, it will be protected in that country and not simply registering in one country automatically secures protection worldwide. Therefore, businesses wishing to conduct business with their products and services in different countries need to proceed with registering trademark protection for their business in those countries so that their goods and services are not subjected to disputes over the use of the trademark during the course of business.
• Representing clients, businesses, and applicants who are foreigners in filing applications for the issuance of trademark registration certificates, recording amendments, and renewing trademark protection titles in Vietnam.
• Negotiating, drafting, appraising, and registering contracts for the transfer of the right to use or the right to own trademarks in Vietnam.
• Consulting on strategies for building and developing brands.
• Handling trademark violations.
• Opposing trademark applications.
• Responding to trademark applications refused for the granting of protection titles.
• Complaining about issues related to the establishment and protection of trademark rights.
• Invalidating trademark registration certificates according to the provisions of the law.
• Representing clients, businesses, and foreign applicants in filing applications to record amendments and renew trademark protection titles in Vietnam.

Above is the advice of Viet An Law Firm on how to register trademark in Vietnam. If you need to register a trademark involving foreign elements in Vietnam and abroad, please contact Viet An Law Firm for the fastest, most professional support at the most reasonable cost!