Trademark Registration in Vietnam

Trademark registration is the basis for the owner to establish ownership rights over the trademark. It is the best way to prevent unfair competition before goods and services enter the market. In Vietnam, trademark rights are established under the principle of “First to file.” As a result, a trademark can only be exclusively protected in Vietnam through registration with the Intellectual Property Office of Vietnam, with priority given to applications filed earlier, except in cases specifically provided for those famous trademarks.

Documents needed for trademark registration in Vietnam

If you are using Viet An Law’s services during your trademark registration procedures in Vietnam, you will need to provide the following documents:

• Trademark sample. For sound trademarks, the trademark sample consists of both an audio file and a graphical representation of that sound.
• A list of the goods and services needed to be registered under the trademark.
• Sign the Power of Attorney form written by Viet An Law.
• Other relevant documents (if any).

All trademark application dossiers will be prepared by Viet An Law, which will also represent clients in working with the Intellectual Property Office of Vietnam.

Guidelines for trademark registration procedure in Vietnam, if you choose to apply yourself

Self-filing a trademark application in Vietnam is only applicable to applicants who are Vietnamese individuals or Vietnamese companies. For foreign applicants (individuals or organisations), trademark registration must be carried out through an industrial property representative company such as Viet An Law. To carry out the trademark registration in Vietnam, applicants need to prepare the following documents:

1. Trademark application form

• The application form must follow form no. 08 in Appendix I attached to the Decree No.65/2023/ ND-CP dated August 23^rd, 2023.
• Quantity: 02 copies (01 kept by the Intellectual Property Office of Vietnam (NOIP) for processing, 01 stamped and returned to the applicant with a barcode).

Notes when preparing the application form:

• Protection titles are issued in electronic format. If a paper certificate is requested, the applicant must check the corresponding box in the form.
• The description of the trademark in the form must indicate its constituent elements.
• The applicant must describe and explain the meaning of the trademark:
  • If the trademark contains logograms, they must be transliterated.
  • If the trademark includes foreign languages, they must be translated into Vietnamese.
  • If the trademark description refers to a foreign origin, the applicant must have nationality in that country.
• Trademark classification must follow the Nice Classification, Version 12-2025. Incorrect classification may result in rejection at the formality examination stage, requiring resubmission and additional fees.
• One application may cover multiple classes of goods/services.
• Each application corresponds to one protection certificate (unless a duplicate certificate is requested).

2. Trademark sample

• A total of 06 samples must be submitted, including 01 sample attached to the application form.
• Trademark samples must be between 2 cm × 2 cm and 8 cm × 8 cm.
• For sound trademarks, the sample must include the audio file and a graphical representation of the sound.

3. Fees and charges

• Proof of payment of application fees: 01 copy

4. Documents proving the right to use certain elements:

If the trademark includes special signs such as:

• Names, symbols, flags, emblems of state agencies or organisations,
• Certification or inspection marks,
• Characters, figures, trade names, indications of origin, awards, medals, or product-specific signs,
• Elements under the protection of another party’s industrial design.

Supporting documents proving the right to use such signs must be submitted (01 copy)

5. Other documents

For applications of collective marks or certification marks, the following documents are required:

• Regulations on the use of the collective/certification mark.
• Statement describing the specific characteristics or qualities of products bearing the mark (if applicable).
• A map defining the geographical area (if the mark certifies geographical origin).

Trademark registration procedure through Viet An Law

Step 1: Choose a consulting/ representative unit

When conducting a trademark search and registration, choosing the right consulting unit is important. Not every law firm or consulting company is authorised as an Industrial Property Representative. Only certified Industrial Property Representative organisations have the expertise and experience to advise and assess the chance for a successful trademark registration. These representatives can also support clients in handling issues that may arise, such as opposition proceedings or refusals from the Intellectual Property Office of Vietnam (NOIP), during the trademark application process. An Industrial Property Representative has the legal authority to sign applications on behalf of the applicant. It also represents clients in working with the NOIP, ensuring maximum protection of the client’s rights.

Viet An Law is an official Industrial Property Representative, so clients are guaranteed full protection of their rights and interests when using our trademark registration services.

Step 2: Select a trademark and the goods/ services to be registered

• Selecting the trademark: Choose a trademark that meets the protection criteria. The selected mark must not be identical or confusingly similar to previously registered marks, famous trademarks, or descriptive signs that lack distinctiveness and therefore cannot be registered.
• Selecting the List of Goods/Services: Applicants must choose the list of goods and services to be registered under the trademark, following the guidance provided above. Classification must comply with the International Classification of Goods and Services under the Nice Agreement (Nice Classification, current version).

Step 3: Trademark research

Benefits of trademark search

To successfully register a trademark, meaning the trademark application may result in the grant of a protection title, the applicant or enterprise should conduct a trademark search before applying.

A trademark search helps determine whether the applied-for mark is registrable compared to existing trademarks of the same or similar type already recorded at the Intellectual Property Office.

Based on the search results, the applicant can consider whether or not to proceed with filing the trademark application. The search also provides an early indication of the likelihood of obtaining a protection title.

If the search shows that the mark has a low probability of being granted protection, the owner should consider amending or adjusting the mark to enhance its registrability.

By conducting a trademark search, applicants can avoid the long examination period that may ultimately result in an unfavourable outcome.

Documents required for trademark search

To conduct a trademark search, clients only need to provide Viet An Law with:

• A sample of the trademark;
• The list of goods and/or services for which protection is sought.

Preliminary trademark search

• Clients may conduct a preliminary search themselves through the official website of the Intellectual Property Office of Vietnam (IP Vietnam) at https://ipvietnam.gov.vn/or through the WIPO Global Brand Database;
• Alternatively, Viet An Law, on behalf of the Intellectual Property Representative, can conduct a preliminary search to assess the registrability of the trademark;
• Processing time: 01 working day from the date the client provides the trademark sample and the list of goods/services;
• Suppose the preliminary search indicates that the trademark is unlikely to be registrable. In that case, our lawyers will provide relevant comparisons and propose solutions to improve the chances of obtaining protection. If the trademark appears registrable, Viet An Law will recommend conducting an in-depth trademark search, which is subject to a search fee.

Profound trademark search

• Once the preliminary search shows potential registrability, the trademark owner may request an in-depth search to maximise the chance of being granted a protection title. This step is not mandatory but is strongly recommended to increase the chance of successful registration and to save time during the examination stage.
• The in-depth search is entirely voluntary. However, it is considered a critical step to determine whether a trademark application should be filed.
• Trademark search results are for reference only and do not constitute a legal basis for granting or refusing trademark protection, as priority rights and other legal grounds may affect the outcome.
• Processing time: 01–03 working days.
• Deliverables: A written search report with results, a legal assessment of registrability, and guidance on how to proceed with the trademark application.

Step 4: Filing the trademark application

After completing the in-depth trademark search and confirming that the trademark is likely to be registered, the applicant proceeds to file the trademark application. Upon filing, the applicant must pay the official filing fees as prescribed below:

Official fees for 01 class (up to 06 goods/services)

• Filing fee: VND 150,000 per mark per class;
• Substantive examination fee: VND 550,000;
• Search fee for substantive examination: VND 180,000;
• Publication fee: VND 120,000.

Official fees for applications with multiple classes or over 06 items in a class

For each additional good/service from the 7th item onward in the same class, the following additional fees apply:

• Additional search fee: VND 30,000 per item;
• Additional substantive examination fee: VND 120,000 per item.
• Substantive examination fee: VND 550,000;
• Search fee for substantive examination: VND 180,000.

The Intellectual Property Office of Vietnam (IP Vietnam) is the authority responsible for receiving, processing applications, and collecting official fees.

Step 5: Formality examination of the trademark application

• Timeline: The formality examination is conducted within 01 month from the filing date.
• Examination scope: The Intellectual Property Office of Vietnam (IP Vietnam) will assess whether the application complies with formal requirements, including: the application form, representation of the mark, applicant details, entitlement to file, and proper classification of goods/services.
• Outcome: If the application meets the requirements, IP Vietnam issues a notice of acceptance of a valid application and publishes it in the Industrial Property Gazette.
• If the application does not meet the requirements, IP Vietnam issues a Notice of Refusal, requesting amendments or corrections. The applicant or its representative must make the necessary amendments and submit a written response together with any additional official fees (e.g., in cases of incorrect classification).

Step 6: Publication of the trademark application

• Timeline: Within 02 months from the date of the notice of Acceptance of a valid application.
• Content of publication: Includes the bibliographic details of the application as recorded in the notice of Acceptance, the trademark specimen, and the list of goods/services.
• Form of publication: The application is published on the official website of IP Vietnam and in the Industrial Property Gazette.

Step 7: Substantive examination of the trademark application

• Timeline: The substantive examination is conducted within 09 months from the date of publication of the application.
• Examination scope: The Intellectual Property Office of Vietnam (IP Vietnam) will assess whether the applied mark satisfies the substantive conditions for protection under Vietnamese law. Based on the results, IP Vietnam will determine the registrability of the trademark.
• If the application meets the requirements, IP Vietnam issues a Notification of intention to grant a Trademark Registration Certificate.
• If the application does not meet the requirements, IP Vietnam issues a Notification of Refusal. The applicant may submit a written response with arguments and supporting grounds to contest the refusal. If IP Vietnam maintains its refusal after reviewing the response, the applicant has the right to file an appeal against the decision.

Step 8: Payment of Registration and State Fees

After receiving the Notification of Intention to Grant, the applicant must pay the prescribed fees for issuance of the Trademark Registration Certificate.

Official fees include:

• Grant fee: VND 120,000
• Registration fee: VND 120,000
• Publication fee: VND 120,000
• Additional goods/services: For each additional class of goods/services, an extra fee of VND 100,000 is charged for issuance of the Certificate.

Step 9: Issuance of the Trademark Registration Certificate

• After the applicant has paid the grant and publication fees, the Intellectual Property Office of Vietnam (IP Vietnam) will issue the Trademark Registration Certificate, typically within 2–3 months from the date of fee payment.
• The total timeline for obtaining a trademark registration in Vietnam is approximately 12–18 months from the date of acceptance of a valid application.
• Duration of protection: A registered trademark is protected for 10 years from the filing date (or priority date, if claimed).
• Renewals: The registration is renewable for successive 10-year periods without limitation on the number of renewals. This ensures that the trademark remains a long-term intangible asset, accompanying the enterprise throughout its business activities.

Guidelines for the classification of Goods and Services in Trademark Registration

• The classification of goods and services when filing a trademark application in Vietnam follows the Nice Classification (NCL), 12th edition – Proper classification is critical because each trademark application must clearly indicate the specific classes of goods and/or services it covers.
• International Basis: The classification of goods and services is based on the Nice Agreement on the International Classification of Goods and Services for the Registration of Marks (NCL 12-2025).
• Number of Classes: The Nice Classification consists of 45 classes in total: 34 classes for goods and 11 classes for services.
• Difference from Business Registration Codes: Trademark classification is independent from the business lines/industry codes stated in a company’s Enterprise Registration Certificate.
• Fee structure: Trademark registration fees in Vietnam are calculated per class and also depend on the number of goods/services listed within each class. As a result, the more classes an application includes and the more items listed within each class, the higher the government fees will be.
• Scope of protection: A trademark can be registered in one or multiple classes (up to all 45 classes). However, if a trademark is registered in classes of goods/services but remains unused within a certain period, it may become vulnerable to cancellation for non-use.

Conditions for a trademark to be eligible for exclusive protection in Vietnam

• A sign may be protected as a trademark in Vietnam if it satisfies the following conditions:
• The sign must be perceptible to the eye or ear, expressed in the form of letters, words, drawings, images, three-dimensional shapes, or a combination thereof. It may be presented in one or multiple colours, or as a sound mark represented in graphic form.
• The sign must be capable of distinguishing the goods/services of one entity from those of others. It must not be misleading, deceptive, or confusing to consumers.
• The trademark must have no conflict with earlier established rights, such as prior trademarks, trade names, geographical indications, or industrial designs owned by other parties.

Special rules for certain trademarks

• Sound trademark: The application must include an audio file and a graphical representation of the sound.
• Trademark description: The application must provide a clear description of the trademark’s components and its overall meaning (if any).
• Non-Latin characters: Words or symbols in hieroglyphic or non-Latin scripts must include a phonetic transcription.
• Foreign language elements: Words in foreign languages must be translated into Vietnamese in the application.

The role of trademarks in business activities

• A trademark is an intangible asset, yet it carries tangible and substantial value in the commercial operations of every enterprise.
• A core business asset: In many cases, the value of a company’s trademark exceeds the total value of its tangible assets, such as buildings, machinery, or inventory.
• Global examples: According to the Brand Finance Global 500 Ranking 2024, some of the world’s most valuable companies owe a large portion of their market strength to their brands:
  • Apple: Brand value of USD 516.6 billion (the most valuable brand worldwide)
  • Microsoft: USD 340.4 billion
  • Google: USD 333.4 billion
  • Amazon: USD 308.9 billion
  • Samsung: USD 99.3 billion
  • Walmart: USD 96.8 billion
  • TikTok/Douyin: USD 84.1 billion
  • Facebook: USD 75.7 billion
• These figures illustrate that a strong brand is often the true powerhouse behind a company’s market position and competitiveness.
• Market Positioning: The value of a trademark allows businesses to establish and reinforce their position in the marketplace, shaping customer perception and loyalty.
• Strategic Leverage: Beyond recognition, trademarks enable companies to:
• Differentiate themselves from competitors;
• Command premium pricing;
• Attract investment and partnerships;
• Expand into new markets with established brand trust.

Benefits of trademark registration

• Establishes ownership rights
  • Confirms the applicant’s priority date from the filing date.
  • Grants exclusive ownership once the Trademark Certificate is issued.
• Creates a legal protection mechanism
  • Safeguards against infringement during use.
  • Provides a strong legal basis to enforce rights against unauthorised use.
• Prevents conflicts with existing trademarks
  • Reduces the risk of violating prior registered rights in the marketplace.
• Builds a strong & sustainable brand
  • Strengthens trust with distributors and partners.
  • Enhances business reputation and professionalism.
  • Opens the potential to grow into a well-known, reputable brand (e.g., Apple, Google, Samsung, Viettel).
• Enables participation in E-Commerce
  • Required for selling on e-commerce platforms (Shopee, Lazada, Amazon, Alibaba, etc.).
  • Trademark application/registration is often a condition for operating online stores.
• Delivers economic value
  • Registration costs are minimal compared to dispute resolution.
  • A trademark can grow into one of the company’s most valuable intangible assets.

Consistency between trademarks and related business identifiers

Consistency between trademark and trade name

It is advisable for a trademark to align with the company’s trade name. For example, if a company registers the trademark “Việt An,” it should also use “Công ty Luật Việt An” as its trade name.

This alignment helps prevent competitors from registering a trade name containing the trademark element. Even if the trademark is protected, the owner may not be able to stop the competitor from using the trade name if it was registered earlier than the trademark certificate.

Consistency between trademark and domain name

Where a trademark and company trade name are not aligned, the owner should also consider registering a domain name identical to the trademark. Businesses operating in Vietnam are encouraged to register “.vn” domains.

Trademark registration in Vietnam usually takes over one year. After being granted the Trademark Registration Certificate, the trademark owner has the right to request infringers to cease the following acts:

• Competitors infringing by registering a trade name must terminate such violations.
• Competitors infringing by registering a domain name must terminate such violations.

Consistency between the trademark and copyright is also important. A trademark expressed in applied art form often consists of both graphic (logo) and word elements.

Consistency between trademark and copyright (logo)

• Where a trademark is represented in graphic form (logo), consisting of both word and design elements, the owner should also secure copyright protection. This is especially useful when the trade name or domain name has not yet been registered.
• Copyright registration, similar to registering a trade name or domain name, provides an additional legal basis for enforcement.
• Result: Once the trademark certificate is granted, the owner will be better positioned to enforce rights against violations relating to trade names, domain names, and logos.

Some notes when designing and choosing a trademark

Trademark design

• To secure exclusive protection, the trademark must be unique and distinctive from others.
• A trademark can combine both text and images. If it only consists of simple letters without forming a word, stylisation is recommended to increase registrability.

Trademark colours

• Vietnamese IP law does not strictly regulate colours.
• It is advisable to register the trademark in the colours actually used in practice to ensure stronger protection.

Trademark forms (Logo, word mark, slogan)

• Logo: Can be registered independently or together with text/slogan.
• Word mark: Can be filed in standard form or in stylised form.
• Slogan: May also be protected as part of the trademark.

Signs not recommended for trademark registration in Vietnam (low chance of exclusive protection)

When designing a trademark, businesses should avoid:

• Generic elements: simple geometric shapes, single letters, numbers, or characters from uncommon languages.
• Common symbols or terms: conventional signs, descriptive drawings, or ordinary names of goods/services in any language (e.g., English, Japanese, Chinese, Latin, etc.).
• Descriptive features: indications of time, place, production method, type, quantity, quality, characteristics, ingredients, uses, value, or other descriptive properties of goods/services.
• Business/legal descriptors: signs that only indicate the legal form or business sector.
• Geographical indications: signs that merely describe the geographical origin of goods/services.
• If your brand concept must include such elements, you should stylise or creatively design them to ensure distinctiveness and improve the chance of successful registration.

The best practice is to always conduct a trademark search before applying. At Viet An Law, we provide a preliminary search to assess registrability before proceeding with the application process.

Priority rights in Trademark Registration in Vietnam

Vietnam follows the “first-to-file” principle, meaning the filing date plays a decisive role in whether a trademark registration will be granted. This is because different applicants can file similar trademarks.

Under the Intellectual Property Law and relevant international treaties:

• When several applicants seek protection for the same trademark, various filing routes might apply.
• One applicant may submit directly in Vietnam, while another applies through the international route (Madrid System).
• In this case, the international application benefits from a 6-month priority period from the original filing date abroad, once it designates Vietnam.

Therefore, the applicant who files first in Vietnam is not always considered the first filer under the priority rules.

Common questions in trademark registration in Vietnam

1. What is a trademark?

A trademark is a sign used to distinguish goods or services. It may consist of letters, words, drawings, images, or 3D shapes, combined in one or more colours. A valid trademark must be distinctive, non-deceptive, and must not conflict with earlier established rights (e.g. existing trademarks, trade names, geographical indications, or industrial designs).

2. Who can register a trademark in Vietnam?

• Vietnamese individuals, organisations, and enterprises.
• Foreign individuals, organisations, and enterprises.

3. Why is trademark search important?

• To check whether a proposed mark is identical or similar to existing registrations.
• To evaluate the registrability of the mark before filing.

4. How long is a trademark protected?

• A trademark is protected for 10 years from the filing date.
• It may be renewed indefinitely, every 10 years.

5. Do trademarks have to be used after registration?

Yes. If a trademark is not used for five consecutive years, third parties may request cancellation of the registration.

6. Does Vietnam apply the “first-to-file” rule?

Yes. Vietnam follows the first-to-file principle in trademark registration.

7. How long does registration take?

• By law: 12–15 months.
• In practice: 18–24 months until a protection certificate is issued.

8. If my application is refused, will I get a refund?

No. Filing fees are non-refundable. However, if the application is refused, you do not need to pay the issuance and publication fees (currently approx. VND 360,000).

Consulting services of trademark registration in Vietnam of Viet An Law Firm

With nearly 20 years of experience in Intellectual Property, Viet An Law provides end-to-end trademark registration support to ensure fast, effective, and cost-efficient protection for your brand.

Our services include:

• Legal consultation on trademark registrability and conditions.
• Assessment of the feasibility of obtaining exclusive trademark protection.
• Free preliminary trademark search.
• Official trademark search at the National Office of Intellectual Property (independent fee applies).
• Guidance on procedures and the registration process.
• Preparation and drafting of trademark application documents.
• Acting as a representative in filing and prosecuting applications.
• Filing applications and monitoring examination progress with the IP Office.
• Representing clients throughout the registration process, including responses to office actions.
• Continuous updates and communication with clients during the protection process.
• Filing oppositions and appeals related to trademark applications.
• Receiving and delivering trademark registration certificates to clients.

For quick, effective, and reliable trademark registration in Vietnam, do not hesitate to contact Viet An Law Firm for the best support. We provide the most efficient solutions, reasonable costs, and timely legal updates to safeguard your brand.