How to register trademark in Vietnam

In Vietnam, trademarks are only protected if registered (except for recognized famous trademarks). Therefore, before conducting business, trade, trade promotion, or registering a commercial presence in Vietnam, foreign investors and traders should register trademarks in Vietnam for their goods and services. In order to support foreign enterprises and individuals in registering trademarks for goods and services in Vietnam in the fastest and most professional way, Intellectual Property Representative – Viet An Law Firm provides instructions on how to register trademarks in Vietnam specifically in this article. If you are an Intellectual Property Representative abroad who wants to register a trademark for your customers in Vietnam, please contact Viet An Law Firm for a guide on how to register trademark in Vietnam from our lawyers and intellectual property representatives at the best cost for the representative unit.

Notes on trademark search in Vietnam before filling trademark registration

• When choosing a trademark as your trademark name, you need to ensure that it is consistent with, or preferably the same as, your business trade name and your domain name. This will increase your trademark recognition and significantly reduce the likelihood of your trademark being infringed by a third party.
• Trademark search is not a mandatory step procedure in Vietnam, but we always recommend that customers perform a trademark search to increase the likelihood of success when filing a trademark application and save unnecessary time.
• The trademark search is only for reference and is not a basis for granting or not granting a certificate (The reason is related to the priority of trademark registration for trademark registration applications with foreign elements and the data system is not updated at the time of search).
• Trademark search dossier the client needs to prepare: 10 trademark samples with a size greater than 3 × 3 cm, not larger than 8 × 8 cm. For sound trademarks, the trademark sample is the sound file and the image representing that sound.
• Trademark search fee at Viet An Law: free preliminary trademark search and profound trademark search will have a fee (please get in touch with us to have a specialized lawyer provide specific service fee information).

Ways for foreign applicants to register trademarks in Vietnam

The basic difference between the two foreign trademark registration processes in Vietnam

• The role of the application publication: countries emphasize the role of third parties in opposing trademark applications under examination. This is something that owners of granted trademarks pay special attention to protect their rights and prevent any trademarks similar to theirs from being granted a trademark registration certificate. However, in Vietnam, the opposition to applications is only relative and for reference purposes.
• Vietnam trademark registration fees: usually much lower than other countries.

Some notes when filing a trademark application in Vietnam

List of goods and services for which trademark registration is proposed

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

Notes when registering a collective trademark or certification mark in Vietnam

In addition to the required documents listed above, when you register a collective trademark, certification trademark, etc., you must provide Viet An Law Firm with the following documents:

• Regulations on the use of collective trademarks/certification trademarks;
• A statement explaining the specific (or distinct) nature and quality of the good for which the trademark is registered (if the registered trademark is a collective trademark for goods of a specific nature or a certification mark for the quality of the good or a certification mark for geographical origin);
• Map identifying the territory (if the registered trademark is a trademark certifying the geographical origin of the good).

Regulations on priority rights when registering trademarks in Vietnam

According to Article 91 of the Intellectual Property Law, the priority right when registering a trademark – the applicant for trademark registration has the right to claim the priority right based on the first application for registration of protection of the same object. Priority claims will be accepted if the following requirements are met:

Requirements for subjects applying for priority rights

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

Territorial scope requirements for applying for registration of a priority trademark

The first application has been filed in Vietnam or a member country of the Paris Convention and that application contains the part corresponding to the claim for priority rights of the trademark registration application.

Requirements for the time limit for filing applications for priority entitlement

An application for registration shall be filed within 06 months from the date of filing the first application.

Regulations on the content of requests for priority rights

In the trademark registration application, the applicant clearly states the claim for priority rights and submits a copy of the first application in case of filing abroad, including the certification of the first application receiving agency. The first copy of the application can be submitted within 03 months from the date of application.

Requirements for state fees for priority entitlement

Applicants for priority rights need to pay the full fee for claiming priority rights according to Vietnam’s regulations.

Application of the classification table for trademark registration in Vietnam

In 2025, Vietnam will apply trademark classification according to the International Classification of Goods and Services under the Nice Agreement (Version 12-2025) announced by the World Intellectual Property Organization (WIPO) and officially took effect from January 1, 2025.

Trademark protection period in Vietnam

The regulations of Vietnam as well as most countries in the world on the term of trademark protection is 10 years from the date of application. After that, the trademark owner renews to maintain the validity of the unlimited trademark registration certificate. Accordingly, each time the term expires, it will be renewed once more and there is no limit to the number of times the trademark can be renewed.

Condition to protect a trademark in Vietnam

A trademark can only be exclusively protected in the territory of Vietnam when it is registered in Vietnam or has an application for trademark registration in Vietnam. As with other countries and provisions in international treaties on industrial property in general and trademarks in particular, trademarks are only protected within the national territory. Therefore, trademarks are only protected in Vietnam when customers register in Vietnam (except for well-known trademarks). When a trademark is registered for protection, the owner has the right to use the exclusive trademark throughout the protection period in the territory of Vietnam. This helps prevent infringement of intellectual property rights from third parties, protect businesses from counterfeiting or counterfeiting products, and appropriate trademarks in Vietnam even though they are protected abroad.

Trademark registration service in Vietnam of Viet An Law – IP Firm

• Viet An Law Firm supports applicants with free preliminary trademark searches.
• Research official trademark registrations for comprehensive results to determine how to file a trademark application at the Vietnam National Office of Intellectual Property.
• Consulting on registration conditions and procedures for trademark registration in Vietnam.
• Consulting on similar, duplicate, confusing signs that lead to trademarks not being granted protection titles;
• Consulting on determining classes and subclasses for trademarks to avoid rejection in terms of form and substantive during the examination of trademark applications at the National Office of Intellectual Property.
• Consulting on trademark registration amendments to enable the applicant to apply for a certificate.
• Consulting and guiding the time of establishing rights to a trademark: According to the provisions of Vietnamese law and some countries, trademark rights are only established on the basis of the decision to grant a certificate of exclusive protection or recognition of international registration by the National Office of Intellectual Property. This is the principle of priority for the first registrant, different from the intellectual property law of the US and some other countries where trademarks are established based on proving priority for the first user.
• Consulting on the scope of protection of the trademark registration certificate: The rights to trademarks in particular and intellectual property rights, in general, are confirmed in the scope of protection according to national territory, that is when a trademark is registered for protection in a country, it will be protected in that country, not necessarily being registered in one country, it will automatically be protected worldwide. Therefore, businesses that need to trade their goods and services in different countries need to register their trademarks in those countries so that their goods and services are not subject to disputes regarding the use of the trademark in the business process.
• Representing clients, businesses, and foreign applicants in submitting applications for trademark registration certificates, recording amendments, and extending trademark protection titles in Vietnam.
• Negotiate, draft, review, and register contracts for transferring the right to use or own a trademark in Vietnam.
• Consulting on trademark building and development strategy.
• Trademark infringement handling.
• Objection to trademark application.
• Responding to a trademark application that was refused a certificate of protection.
• Complaints about issues related to establishing and protecting trademark rights.
• Cancel the validity of the trademark registration certificate according to the provisions of law.

Why should you use Viet An Law Firm’s service?

• Viet An Law supports trademark applicants free of charge through preliminary searches and provides profound searches before registration.
• Consulting on conditions and registration procedures to ensure the highest possibility of trademark registration in Vietnam.
• Consulting on trademark registration amendments. Negotiating, drafting, reviewing, and registering contracts for transferring the right to use or ownership of trademarks in Vietnam.
• Advice on the scope of protection of trademark registration certificates.
• Representing clients, businesses, and foreign applicants to submit applications for trademark registration certificates, record amendments, and extend trademark protection titles in Vietnam.
• Handling trademark infringement and opposing trademark registration.
• Response to trademark application being refused a certificate of protection.
• Complaints regarding issues relating to the establishment and protection of trademark rights.
• Cancellation of trademark registration certificate according to law.

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