Register an associated trademark in Vietnam

Associated trademarks are trademarks registered by the same entity, identical or similar to each other, used for products or services of the same or similar type or related to each other. An associated trademark will include two or more products or services. The new regulations currently do not apply to associated trademarks. If many similar trademarks are registered for the same subject, what is the trademark registration procedure? Here, Viet An Law will advise and answer questions for customers.

Removing the regulation on registration of associated trademarks according to the new regulations

Previously, the Law on Intellectual Property 2005 (amended and supplemented in 2009) stipulated associated trademarks as follows: Associated trademarks are trademarks registered by the same subject, identical or similar to each other used for products and services of the same type or similar or related to each other. The associated symbol has the following characteristics:

• Characteristics of the subject: These trademarks must be registered by the same subject to be considered as associated trademarks.
• Characteristics of the trademark: Besides, the same registered entity, trademarks that are considered as associated trademarks must satisfy the condition that these trademarks have identical or similar signs. For example, Toyota Corolla, Camry, Vios, Toyota Celica, Toyota Avalon are similar brands of the Japanese automobile manufacturing corporation Toyota.
• Characteristics of products and services: These trademarks must be related to each other in terms of trademark samples and industry groups of products and services provided. Specifically: Wave, Wave S, Wave RS, are trademarks for Honda’s product line of Wave motorcycles. These are the affiliated trademarks of Honda.
• The purpose of registering an associate trademark is to prevent a third party from registering trademarks similar to the trademark for which the enterprise has been granted a protection title. Businesses need to pay attention to registering an associate trademark to protect their best rights and interests.

However, the Law on Intellectual Property 2022 (effective from January 1, 2023) has amended and supplemented a number of regulations on trademarks, in which Point c, Clause 1, Article 1 of the amended Law on Intellectual Property has removed the provisions on associated trademarks. The transitional clause does not directly stipulate the validity of associated trademarks that have been granted diplomas before January 1^st 2023, however, it can be understood that there are no longer regulations on this type of trademark.

Notes on procedures to register an associated trademark applied in 2025

No associated type trademark registration is required. This means that there is no longer a requirement to prove the association between trademarks when registering a trademark. Businesses or individuals can register an independent trademark without having to associate with other trademarks, thereby simplifying and making it more convenient for the protection of intellectual property rights.

Thus, currently, if many similar trademarks are registered for the same subject, the trademark registration procedure is as usual, the subject automatically has the right of priority to register.

Note on declaration to register an associated trademark according to the current new regulations

According to the guidance of the National Office of Intellectual Property, the minimum documents required in a trademark registration dossier include:

• Declaration for trademark registration, typed according to form No. 08, Appendix I of Decree 65/2023/ND-CP:
• 05 Enclosed trademark samples (enclosed trademark samples must be identical to the trademark samples affixed on the registration declaration, including size and color. The trademark template must be clearly presented with the dimensions of each component in the trademark not greater than 80mm and not less than 8mm, the trademark as a whole must be presented in the trademark template measuring 80mm x 80mm. If color protection is required, all trademark samples on the declaration and enclosed with them must be presented in the correct color to be protected);
• Charge and fee payment vouchers.

It should be noted that according to the trademark registration declaration form according to form No. 08, Appendix 1 of Decree No. 65/2023/ND-CP, in the section “Type of registered trademark”, the declaration has removed the option of “associated trademark”. This is to be consistent with the changes in the new Intellectual Property Law, specifically Point c, Clause 1, Article 1 of the 2022 amended Intellectual Property Law, which has removed the definition of associated trademarks.

Also in the section “Type of registered trademark”, the declaration has added the options “Three-dimensional trademark” and “Sound trademark”. This is to internalize the provisions of international treaties that Vietnam has joined.

Thus, if many similar trademarks are registered for the same subject other than the following cases: collective trademark, sound mark, certification mark, three-dimensional mark, the applicant does not need to mark the type of trademark in the trademark registration declaration.

Can a trademark application be granted to more than one trademark?

According to Clause 4, Article 101 of the Intellectual Property Law, “Each application may request the issuance of a Trademark Registration Certificate for a trademark used for one or more different goods and services”.

Thus, a trademark registration application cannot request the grant of multiple trademarks, but can only request the issuance of one trademark for one or more different goods and services.

Time limit for processing a trademark registration application in Vietnam

According to Clause 3, Article 110, Article 119 of the Law on Intellectual Property; Articles 9 and 10 of Circular 23/2023/TT-BKHCN/2023/TT-BKHCN, from the date of receipt by the National Office of Intellectual Property, trademark registration applications shall be considered in the following order:

• Formal appraisal: 01 month
• Publication of the application: within 02 months from the date on which the trademark registration application has a valid decision on acceptance of the application
• Substantive appraisal: no more than 09 months from the date of publication of the application.

Notes on priority rights in trademark registration

According to Article 91 of the Intellectual Property Law, the right of priority when registering a trademark – the applicant for trademark registration has the right to claim the right of priority on the basis of the first application for registration of protection of the same subject if the following conditions are met:

• Territorial scope: The first application has been filed in Vietnam or in a country that is a contracting party to an international treaty to which the Socialist Republic of Vietnam is also a contracting party or has an agreement with Vietnam on the application of such provisions;
• Applicant: The applicant is a Vietnamese citizen, a citizen of another country residing or having a production and business establishment in Vietnam or another country;
• Contents of the request: The application clearly states the request for the right of priority and submits a copy of the first application certified by the agency that received the first application;
• Time limit: The application shall be submitted within the time limit set by the treaty to which the Socialist Republic of Vietnam is a signatory.

In addition, in a trademark registration application, the applicant has the right to claim priority on the basis of various applications filed earlier on the condition that the corresponding contents between the earlier applications must be indicated corresponding to the contents of the application.

The above is the advice of Viet An Law on registration of associated trademarks according to the current new regulations. If you have any related questions or need to register a trademark, please contact Viet An Law Firm for the best advice and support!