In recent years, more and more Australian companies have expanded their investment, franchising, and service provision activities in Vietnam, particularly in education, F&B, retail, and professional services. This makes the demand to register trademarks in Vietnam for Australian companies a crucial step to protect the brand, prevent copying behaviors, and ensure legal commercial exploitation rights. So, how does the trademark registration procedure in Vietnam differ from that in Australia, and what should Australian companies keep in mind when performing this procedure? In the article below, Viet An Law Firm, a leading Intellectual property law firm, will help clarify the legal issues surrounding this topic, providing insights into trademark registration for foreign entities.
Many small and medium enterprises (SMEs) from Australia choose Vietnam as an expansion market due to high consumer growth rates, competitive operating costs, and a favorable investment environment. However, if they have not completed their trademark registration for Australian businesses in Vietnam, businesses may face risks:
Trademark registration helps Australian companies establish legal ownership over the goods and services of organizations and individuals. This is also how consumers identify the origin of products and helps businesses protect their intellectual property. Effective trademark protection in Vietnam for Australia ensures long-term market success.
Australia is one of the countries with a highly developed franchise model, especially in:
When franchising into Vietnam, the trademark is the core legal asset in the franchise contract. If they fail to register Australian brand in Vietnam for protection, businesses will encounter difficulties when:
Not only products, but many Australian businesses also operate in service sectors such as: International education; Corporate consulting; Technology; F&B; Healthcare.
For the service sector, registering a trademark helps:
Special characteristics of trademark registration for Australian companies in Vietnam
The process of safeguarding intellectual property under the register trademark in Vietnam for Australian companies 2026 framework involves understanding unique market traits.
Most Australian businesses expanding into Vietnam are small and medium enterprises (SMEs), operating in fields such as education, F&B, consulting services, retail, and technology. Unlike large corporations that invest on a large scale from the beginning, Australian SMEs often approach the Vietnamese market by:
Therefore, many Australian companies choose to register Australian brand in Vietnam right when they:
This is also a difference compared to some Vietnamese businesses, as many Australian SMEs view trademarks as a core business asset that needs protection before implementing actual commercial activities.
Many Australian businesses expand to Vietnam under the franchise model, especially in F&B, education, fitness, and retail. With this model, the trademark is not just a brand name but also the core asset to operate the entire franchise system.
Therefore, Australian companies usually prioritize completing trademark registration for Australian businesses in Vietnam before they:
In addition to the brand name, Australian businesses often register additional logos, slogans, and related service groups to protect the franchise system and limit the risk of their brand being registered first in Vietnam.
The trademark dispute over “AARDWOLF” is one of the typical cases related to Australian businesses registering trademarks in Vietnam and the issue of “filing in bad faith”.
According to the case, Herdgraph Pty Ltd, an Australian company, filed an application to register the “AARDWOLF” trademark in Vietnam on August 26, 2003, and requested priority rights from the application filed in Australia. However, 2 days prior, a Vietnamese enterprise had filed an application to register the “AARDWOLF” trademark in Vietnam for a similar product group.
The Australian company claimed that the Vietnamese business registered the trademark dishonestly because:
However, the Vietnamese Court rejected the lawsuit of the Australian company and maintained the validity of the protection title of the Vietnamese business. The reason was that the plaintiff could not prove:
It can be seen that in Vietnam, rights over trademarks are mostly established based on the “first-to-file” principle, rather than just based on the use of the brand abroad. This highlights why registering a trademark in Vietnam from Australia early is absolutely essential.
This is an important difference between Vietnam and many Australian businesses that are often accustomed to the mindset that:
From the “AARDWOLF” case, Australian companies expanding to Vietnam – especially in franchising, education, F&B, and services – should focus on ensuring proper trademark protection in Vietnam for Australia by:
It is clear that in Vietnam, if foreign businesses do not proactively register trademarks early, the risk of their brands being registered first by others is entirely possible, even for brands that have operated for a long time abroad.
Procedures for trademark registration for Australian companies in Vietnam
Navigating the administrative steps for the register trademark in Vietnam for Australian companies 2026 protocol requires careful compliance with local regulations.
Australian companies should conduct a comprehensive Trademark search before filing an application to assess registration capability and minimize the risk of identity or similarity with trademarks already protected in Vietnam.
The dossier includes:
Australian businesses usually submit dossiers through an industrial property representative organization in Vietnam. This process is ideally managed by a professional Intellectual property law firm. After receipt, the National Office of Intellectual Property (NOIP) will perform:
If the protection conditions are met, the Australian company will be granted a Certificate of Trademark Registration in Vietnam with a protection term of 10 years, which can be renewed multiple times.
Yes. Australian companies are fully permitted to register trademarks in English in Vietnam. According to intellectual property law regulations, foreign businesses can perform this through 2 forms: Direct registration in Vietnam and International registration via the Madrid System. This makes registering a trademark in Vietnam from Australia highly flexible.
Yes, Australian companies have full rights to register trademarks in Vietnam even if they have not established an enterprise or do not have a branch here.
Franchising from Australia into Vietnam does not require trademark registration, but it is mandatory to register franchising activities with the Ministry of Industry and Trade. However, trademark registration is mandatory if you want to license the use of that trademark in the contract.
The time to complete the trademark registration procedure can last from 16-18 months. However, the actual time can be longer if the application is refused, needs amendment, or if a third party opposes it during the examination process.
For Australian companies operating in education, F&B, services, or developing franchises in Vietnam, protecting their brand and completing legal procedures right from the start is an important factor to limit dispute risks and smoothly expand business. The guidelines under register trademark in Vietnam for Australian companies 2026 emphasize early action.
Viet An Law Firm supports Australian businesses to:
In addition, Viet An Law Firm also supports Australian businesses in building a brand protection strategy suitable for SME and franchise models when expanding activities in the Vietnamese market.
If our client has any other questions, please contact Viet An Law Firm for the most effective support.
