Trademark Registration in Vietnam

Trademark registration is the basis for the owner to establish ownership of the trademark and is the best way to avoid unfair competition before goods and services enter the market. In Vietnam, trademark rights are established according to the principle of “First to file”. Accordingly, trademarks can only be protected exclusively in Vietnam through registration at the National Office of Intellectual Property and priority is given to applications registered first, except in cases where there are special regulations for famous trademarks.

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Necessary documents for trademark registration in Vietnam

If you use the services of Viet An Law when registering a trademark, you only need to provide us with the following documents:

Trademark sample. For sound trademarks, the trademark sample is the sound file and the graphic representation of that sound;
List of goods and services for which trademark registration is required;
Other relevant documents (if any);
Sign the Power of Attorney in the form for Viet An Law;
The trademark registration application documents will be drafted by Viet An Law and will represent the client to work with the National Office of Intellectual Property.

Instructions for trademark registration in Vietnam directly

Note that self-filing of trademark registration applications in Vietnam only applies to applicants who are Vietnamese citizens or Vietnamese companies. For foreign applicants (individuals or organizations), the applicant must register the trademark through an industrial property representative company such as Viet An Law. Accordingly, to carry out the trademark registration procedure, the applicant needs to prepare and complete the following documents:

Trademark registration form

Trademark registration form is made according to form: Appendix I – Form No. 08 Appendix attached to Decree No. 65/2023/ND-CP dated August 23, 2023, of the Government (Quantity of 02 copies: 01 copy is kept by the National Office of Intellectual Property to carry out the procedure, the remaining 01 copy is stamped and affixed with a barcode and returned to the applicant).

Notes when making a trademark registration form

The Protection title is granted in electronic and paper form (in case the applicant requests a paper version, mark an X on the paper version).
Regarding the trademark description in the application, the constituent elements of the trademark must be clarified.
The applicant must describe and state the meaning of the trademark: If the trademark contains words or phrases in a pictographic language, those words or phrases must be transcribed. If the trademark contains words or phrases in a foreign language, they must be translated into Vietnamese. For trademarks that use descriptions related to foreign origin, the applicant must have nationality in that country.
Classify trademarks by the International classification of goods and services under the Nice Agreement version 12-2025. Trademark applicants need to classify trademarks in accordance with the Nice Agreement version 12-2025 so that the trademark application is not rejected for formal examination and additional fees are required due to incorrect classification.
One application can register multiple classes of goods and services.
Each application is only granted one protection title, except in cases where a duplicate is requested.

Note on trademark samples

Trademark samples submitted with the application: 06 attached samples, in addition to 1 sample attached to the declaration, the trademark sample must be prepared no smaller than 2cm x 2cm and no larger than 8cm x 8cm.
For sound trademarks, the trademark sample is the sound file and the graphic representation of that sound.

State Fees

Document for payment of application fee (01 copy).

Documents proving the right to use

When registering a trademark containing the following special signs, it is necessary to have documents proving the right to use: Name, symbol, flag, badge, of an agency, organization, certification mark, inspection mark, warranty mark, character name, image, trade name, indication of origin, award, medal or symbol of a good, sign within the scope of protection of another person’s technological design.
Quantity: 01 copy.

Trademark registration procedure through Viet An Law

Step 1: Select a consulting unit

When conducting trademark searches and registrations, selecting a consulting unit is very important.
Not all law firms or consulting units are Intellectual Property representative .
Consulting units that are Intellectual Property Representatives are truly the units with the expertise and experience to advise and best evaluate the possibility of a trademark being successfully registered.
Intellectual Property representative organizations will assist in resolving issues arising from objections and rejections of your application during the process of filing a trademark application in Vietnam.
Intellectual Property representative have the function of signing applications on behalf of the applicant and representing the applicant in working with the National Office of Intellectual Property to ensure maximum benefits for the client.
Viet An Law is an Intellectual Property representative, so you will be guaranteed all benefits when using our trademark registration services.

Step 2: Select the trademark and goods and services for the trademark

Selecting a trademark: Select a trademark that meets the protection standards. The selected trademark is not similar to other registered trademarks, famous trademarks, or trademarks that are descriptive signs that are not eligible for protection.
Selecting a list of registered goods: You need to select a list of goods and services bearing the trademark according to the above instructions. Classes of goods and services must be done according to the Nice International Classification of Goods and Services.

Step 3: Trademark search

Benefits of trademark search

To successfully register a trademark, that is, the registered trademark can be granted a certificate of protection, the subject applying for registering the trademark, the enterprise should perform the trademark search procedure.
The trademark search is to determine whether the trademark is eligible for registration compared to similar trademarks that have been registered at the National Office of Intellectual Property or not.
After the results of the trademark search, the applicant will consider whether or not to register the searched trademark.
The trademark search also helps determine whether the trademark can be granted a certificate or not.
If it is determined that the trademark is not likely to be granted a certificate, the owner should consider the option of amending it so that it can be granted exclusive protection.
A trademark search avoids the long waiting time after the examination but does not bring the expected results of the applicant.

Documents need to be prepared when searching for trademarks

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

Trademark sample;
List of goods and services to be searched and registered.

Preliminary trademark search

Clients can search for trademarks themselves via the website: https://ipvietnam.gov.vn/ or the wipo website.
Through Viet An – the Intellectual Property Representative, search to evaluate the possibility of registering the trademark;
The preliminary search time is 01 day from the time the customer provides the trademark, list of goods and services;
After a preliminary search, if it is found that the trademark is not capable of being registered, Viet An Lawyers will provide relevant evidence to find a solution for the trademark to be able to be granted a certificate of protection. If the trademark is capable of being registered, Viet An Law will conduct a profound search and charge a search fee.

Profound search

After conducting a preliminary trademark search, it shows that the trademark is eligible for registration. The trademark owner requests a profound search to best assess the possibility of granting a protection title. This is not a mandatory step but should be done to increase the possibility of successful registration and save time.
The profound search is a completely voluntary procedure for the applicant. The applicant should conduct this procedure because it is an important step in evaluating whether the trademark should be registered or not.
Trademark search is for reference only and is not a basis for granting or not granting a title. Because partly related to priority rights when registering as presented in the above section.
Profound search time: 01-03 days.
Trademark search result: Notice of trademark search result and consultation on feasibility assessment, instructions on how to carry out registration procedures.

Step 4: Submit registration

After a profound search and the trademark is assessed as having the potential to be registered, the applicant applies for registration. Immediately upon applying, the applicant must pay the registration fee as follows:

Application fee for 01 class of goods and services

For an application with 01 class of goods and services and each class of goods and services only includes 06 goods and services or less:

Application fee: 150,000 VND/01 trademark, 01 class of goods and services.
Substantive examination fee: 550,000 VND;
Application review fee: 180,000 VND;
Application publication fee: 120,000 VND

Application fees include many classes of goods and services.

For each class of goods/services registered for protection with more than 6 registered goods/services, the additional fee must be paid for each good/service from the 7^th onwards plus:
Application review fee: 180,000 VND
Examination fee: 550,000 VND
Application review fee for goods from the 7^th onwards: 30,000 VND;
Examination fee for goods from the 7^th onwards: 120.000 VND.

The agency receiving and processing applications and collecting registration fees in Vietnam: National Office of Intellectual Property.

Step 5: Formality examination

The time limit for the formality examination of a trademark application is 01 month from the date of application submission.
The National Office of Intellectual Property will consider whether the application meets the requirements in terms of form, label design, application owner, filing rights, classification, etc.
If the enterprise’s application meets the conditions, the National Office of Intellectual Property will issue a Notice of acceptance of the valid application and publish it in the Industrial Property Gazette.
If the enterprise’s application does not meet the conditions, the National Office of Intellectual Property will issue a Notice of non-acceptance of the application and request the enterprise to make amendments. The applicant or the applicant’s representative will make amendments as requested. Then, submit the amendment letter to the National Office of Intellectual Property and pay an additional fee if the class classification is incorrect.

Step 6: Publication of application

Time limit for publishing trademark applications: 02 months from the date of the Notice of acceptance of valid applications.
Contents of the application publication include: Information about valid applications stated in the notice of acceptance of valid applications, trademark samples, and list of goods and services.
Form of publication: Website of the National Office of Intellectual Property and Industrial Property Gazette.

Step 7: Substantive examination

Substantive examination period: 09 months from the date of application publication.
The National Office of Intellectual Property reviews the conditions for trademark registration. On that basis, the National Office of Intellectual Property assesses the possibility of granting a certificate for the trademark that the applicant has registered. If the application meets the conditions, the National Office of Intellectual Property issues a Notice of intent to grant a Certificate of exclusive trademark protection.
If the application does not meet the conditions. The National Office of Intellectual Property issues a Notice of refusal to grant a certificate for the trademark that the applicant has registered. The trademark applicant reviews and sends a response letter to the decision of the National Office of Intellectual Property. The applicant provides the grounds for granting a certificate of trademark protection for his/her trademark. In case the National Office of Intellectual Property still refuses the reason for the response, the applicant can choose the procedure to appeal the refusal decision.

Step 8: Pay state fee for granting a protection title

After receiving the notice of the intended issuance of a protection title, the applicant shall pay the issuance fee.

Protection title issuance fee: 120,000 VND;
Registration fee: 120,000 VND;
Trademark publication fee: 120,000 VND.
For each additional class of goods/services protected, the certificate issuance fee increases: to 100,000 VND;

Step 9: Grant a trademark protection title

After the trademark owner has paid the granting fee, the National Office of Intellectual Property will issue the trademark protection title within 2-3 months from the date of payment of the fee.
Trademark registration time is about 12 – 18 months from the date of acceptance of a valid application.
Trademark protection period: The trademark is protected for 10 years from the date of filing (priority date). The enterprise can renew the protection title and there is no limit to the number of renewals. Therefore, the trademark will be an asset throughout the enterprise’s operations and business activities.

Instructions for classifying goods and services when registering a trademark

Classifying goods and services according to the International Classification of Goods and Services under the Nice Agreement version 12-2025 when registering a trademark is important. Each registered trademark will correspond to classes of services or goods. To classify classes of goods and services, it is necessary to rely on trademark expertise. Accordingly, when classifying trademarks, it is necessary to note:

Trademark classification is based on the International Classification of Goods and Services under the Nice Agreement version 12-2025 on trademarks.
There are many types of goods and services on the market. However, according to the Nice Classification of trademarks, there are only 45 classes of goods and services. Of these, there are 34 classes for goods and 11 classes for services.
Trademark classification is different from the industry code stated in the Enterprise Registration Certificate.
In Vietnam, registration fees are calculated based on the class of goods and services for which the trademark is registered and the number of goods and services in the registered class. Thus, the more classes of goods and services an application has, and the more goods and services in the class, the higher the fee will be.
A trademark can register one class of goods and services or many classes of goods and services. It is possible to register up to 45 classes of goods and services, but on the condition that the trademark registration must be used after a certain period of time or the trademark will be required to be invalidated.

Conditions for a trademark to be eligible for a protection title

The distinguishing sign must be visible in the form of letters, words, drawings, images, including three-dimensional images, or a combination of such elements, expressed in one or more colors or sound signs expressed in graphic form.
A visible sign can be protected as a trademark if it is distinctive and does not deceive consumers.
The sign is unlikely to conflict with previously established rights of other subjects such as trademarks, trade names, geographical indications, or industrial designs of other subjects.
If the trademark is a sound, the trademark sample must be a sound file and a graphic representation of that sound;
The trademark sample must be described to clarify the constituent elements of the trademark and the overall meaning of the trademark (if any);
If the trademark contains words or phrases in a pictographic language, those words or phrases must be transcribed;
If the trademark contains words or phrases in a language other than Vietnamese, they must be translated into Vietnamese.

The role of trademarks in business operations

Trademark is one of the intangible assets but has a particularly large tangible value in the commercial business activities of each business unit.
In fact, the value of an enterprise’s trademark is even greater than the value of its tangible assets. According to the newly announced Top 500 Most Valuable Brands in the World in 2024 (Global500) ranking by the Global Brand Management and Valuation Consulting Company Brand Finance (UK), Apple is the most valuable brand in the world, valued at 516.6 billion USD, followed by Microsoft with a brand value of 340.4 billion USD, Google with a brand value of 333.4 billion USD, Amazon with a brand value of 308.9 billion USD, Samsung with a brand value of 99.3 billion USD, Walmart with a brand value of 96.8 billion USD, Tiktok/Douyin with a brand value of 84.1 billion USD, Facebook with a brand value of 75.7 billion USD, … all of which have “huge” asset values, or in other words, “dreamy”.
The value of a trademark helps enterprises position themselves in the marketplace.

Benefits of trademark registration

When registering a trademark, the trademark applicant has the following extremely important benefits:

Establish trademark ownership

Priority is confirmed from the filing date.
Trademark owner has established ownership after being granted a Certificate.

Create a mechanism to protect trademarks

Establishing trademark rights will prevent other entities from infringing on your trademark during use.
Is a legal basis to protect your rights if there is an illegal infringement of the trademark.

Avoid infringing on other trademarks on the market

Not only does trademark registration prevent others from infringing, but it also helps enterprises avoid infringing on others’ trademarks.

Develop a reputable and sustainable brand

Create trust and sustainable cooperation with distributors when there is a brand to develop.
Help enterprises create professionalism and prestige with partners.
Can grow and become famous prestigious brands such as Samsung, Google, Cocacola, Apple, Microsoft, Viettel, Vingroup, and Hoa Phat, …

Participate in e-commerce business

When participating in sales on commercial websites and e-commerce platforms, you must register your trademark.
The trademark owner must prove that he has submitted an application to the trademark registration agency.
Shopee, Sendo, Lazada, Amazon, eBay, Alibaba,… e-commerce sites in Vietnam and abroad all require shop owners to only sell goods when they have registered their trademark.

Economic benefits

The cost of applying is very low compared to resolving a dispute if it occurs.
A trademark has the potential to develop into an asset that is sometimes larger than the goods or services themselves.

Special advice when carrying out trademark registration procedures

Consistency in trademark registration is extremely important. It is the consistency between the trademark and other elements related to the trademark. The trademark must be consistent with the following elements: Trade name, domain name, and copyright. Priority rights when registering a trademark are also important information to know.

Consistency between trademark registration and trade name of the enterprise.

• The trademark name should be consistent with the company’s proper name. For example, The company registered the trademark Viet An and named the company Viet An Law Firm.
When the trademark name and the company name are the same, it will prevent competitors from registering a trade name that includes the trademark text. Even though the trademark has been granted a certificate of protection, the trademark owner cannot take action against the infringement.
The trademark owner cannot request the competitor to stop using the trade name. The reason is that the competitor registered the trade name before the trademark owner was granted the trademark.

Trademark and domain names should be consistent

In the case of trademark registration, the company name (trade name) of the company is not identical to the registered trademark. In this case, the trademark owner can choose to register a domain name that is identical to the trademark name. Note: If doing business in Vietnam, it is recommended to register a domain name with the suffix “.vn”.
In reality, it takes about 1 year to establish trademark ownership. After being granted a Protection title, the violator has the right to request that the violator stop the following acts: (i) Competitors violating the registration of trade names stop the violation; (ii) Competitors stop the violation of domain names.

The identity between trademark and copyright. The trademark is expressed in the form of applied art with a visual part and a text part.

For image trademarks (logos) with the same information as word trademarks but the company’s trade name has not been registered.
The trademark owner does not need to register a domain name, so he should register a copyright. This copyright registration is similar to registering a trade name and domain name.
Result: The trademark owner after being granted a protection document. The trademark owner will handle violations related to trade and domain names.

Some notes when designing and choosing a trademark

Notes when designing a trademark

To ensure the ability to obtain exclusive protection for their enterprise’s trademark, the trademark owner needs to design the trademark to ensure uniqueness and distinction from other trademark owners.
A trademark can be a combination of letters and images. In case the trademark is just a simple letter that does not form a word, it should be stylized to be granted a certificate of protection when registered.

Note on trademark colors

Pursuant to the provisions of the Law on Intellectual Property of Vietnam, there are no specific regulations on colors for trademarks. Therefore, it is difficult to determine whether black-white or absolute color registration has more ownership rights. Customers need to register colors that match the actual trademark when used for the best protection. Notes on trademarks of images (logos), words, and slogans
Image trademark (also known as logo): Can be registered independently as an image trademark or combined with text or positioning statement when registering.
Word trademark: When registering a word trademark, you can choose regular or stylized letters.

Signs that should not be chosen as trademarks and are not capable of being protected by copyright

The trademark should not be designed to include: Simple geometric shapes, numbers, letters, or words of uncommon languages;
The trademark should not be designed to contain signs, conventional symbols, drawings, or common names of goods or services in any language (such as translated into English, Japanese, Chinese, Latin, etc.)
A trademark should not be designed as a sign indicating the time, location, method of good ion, type, quantity, quality, properties, ingredients, uses, value, or other descriptive characteristics of goods or services;
Trademarks should not be designed as signs describing legal forms or business fields;
Trademarks should not be designed as signs indicating the geographical origin of goods and services;
In case customers use exclusionary elements in the trademark they want to register, they can design it in a stylized way to create a special identifying mark, then the trademark can be granted a protection title.

The best way to assess the possibility of trademark protection is to conduct a trademark search before applying. Viet An Law will conduct a preliminary search before performing the work according to the procedure.

Note on priority rights in trademark registration in Vietnam.

Vietnam applies the first-to-file principle, so the filing date affects whether or not to grant a Trademark registration certificate for trademarks with similar signs but with different applicants.
Pursuant to the Law on Intellectual Property and relevant international treaties, the following provisions apply: Different applicants have the same trademark protection object. These applicants have different application methods. One applicant files an application in Vietnam. Another applicant applies to the international method. The first applicant under the international method is counted as an additional 06 months from the date of filing the international application when the application is directed to Vietnam. Thus, the first applicant in Vietnam is not necessarily the first applicant according to the regulations.

Trademark registration consulting service of Viet An Law

Legal advice on conditions for trademark registration.
Advice on the feasibility of granting a certificate of exclusive protection for the trademark.
Free preliminary trademark search.
Official trademark search at the National Office of Intellectual Property – independent cost.
Advice on the process and procedures for trademark registration.
Drafting trademark registration documents.
Representing clients in the trademark registration process.
Submitting applications and monitoring the registration and examination process at the National Office of Intellectual Property.
Represent clients throughout the entire process of establishing rights and responding to correspondence with the National Office of Intellectual Property regarding trademark registration.
Exchange and provide information to clients during the trademark registration process.
Object and complain about contents related to the trademark registration application.
Receive the trademark protection title and return it to the client.

For quick and effective trademark registration, please contact Viet An Law – Intellectual Property Representative. With nearly 20 years of experience in the field of intellectual property, we will advise and carry out procedures related to trademark registration at the fastest, most effective, and most reasonable cost and always update the most timely legal information!