Register foreign trademarks in Vietnam

Trademark registration in Vietnam is governed by the Law on Intellectual Property of 2005 (as amended in 2022) and administered by the National Office of Intellectual Property (NOIP). The registration process provides legal protection for distinctive signs identifying specific goods or services belonging to a particular individual or enterprise. To register trademarks in Vietnam effectively, applicants must navigate a structured legal framework that adheres to national regulations and international standards, including the Madrid Protocol to which Vietnam became a signatory in 2006. To support foreign trademark owners who wish to register trademarks in Vietnam, Viet An Law Firm guides clients on the process and procedures to register foreign trademarks in Vietnam as follows.

Eligible applicants for registering trademarks in Vietnam

Both domestic and foreign entities are eligible to register trademarks in Vietnam. The legal framework explicitly permits:

• Vietnamese Individuals and Organizations: A person with Vietnamese citizenship and legal entities established under Vietnamese law may directly file applications with the NOIP.
• Foreign Individuals and Organizations: A person with foreign citizenship, legal entities established under foreign laws, and individuals with permanent residence abroad qualify for trademark registration. However, foreign applicants must engage a licensed Intellectual Property (IP) representative in Vietnam to facilitate the application process, as Article 89 of the Law on Intellectual Property mandates.

Representation Requirements under Vietnam IP Law

Foreign applicants seeking to register trademarks in Vietnam must appoint an authorized IP representative for whom the NOIP licenses. These representatives perform several functions:

• Preparation and submission of application materials;
• Communication with the NOIP on behalf of the applicant;
• Response to office actions and examination reports;
• Payment of state fees;
• Monitoring and maintenance of registered trademarks;

Viet An Law Firm is a legal IP representative in Vietnam and an official member of the International Trademark Association (INTA). Viet An Law provides comprehensive intellectual property services for both domestic and international clients seeking to register trademarks in Vietnam. Our experienced team of IP specialists offers professional guidance throughout the entire registration process, ensuring efficient and effective protection of your valuable trademark assets. For more information about our services, please visit our website or contact our IP department directly.

Conditions for filing trademark registration applications in Vietnam for foreign organizations and individuals

Subjects with foreign elements can only apply through an Intellectual Property Representative Organization in Vietnam to apply for registration to establish trademark ownership (Viet An Law Firm is one of the intellectual property representatives in Vietnam).

Note: Foreign individuals and organizations that are the rights holders of geographical indications according to the laws of the original country have the right to register that geographical indication in Vietnam in a trademark registration application. Compared to applications for registration of geographical indications of Vietnamese organizations and individuals, foreign organizations and individuals need documents proving that the geographical indication is being protected in the country where that geographical indication is located and if it is a foreign geographical indication.

Note on priority rights for foreign trademark registration applications in Vietnam

Vietnamese IP law applies first filing priority and prioritise in registering trademark protection. According to this principle, many different applicants file identical or similar trademark registration applications for the same goods or services, the application has the earliest priority date or the first advance date will be accepted.

• There are many applications from different application owners submitted to the same subject with the same priority date or first filing date, only a single application will be accepted for protection according to the agreement between application owners. If the application owners cannot agree, the subject will be refused a registration certificate.
• The applicant’s request for priority rights will be accepted if the following conditions are met:
  • The applicant is a Vietnamese citizen or a citizen of a country that is a member of the Paris Convention or resides or has a production or business establishment in Vietnam or in a country that is a member of this Convention.
  • The first application has been filed in Vietnam or a member country of the Paris Convention, and that it contains a request for priority right to register a trademark.
  • Trademark registration applications are filed within 06 months from the first application filing date, and the priority period is calculated from the first application filing date. The first application filing date is not included in the priority period.
  • In the registration application, the applicant clearly states the request for priority rights and must submit a copy of the first application certified by the agency receiving the first application in case of filing abroad.
  • Pay the full fee to request priority rights.

Trademark registration process

Trademark search procedures in Vietnam

Trademark search as a review before official application is a completely voluntary procedure for the applicant. However, this procedure should be carried out because it is the first and most important step in the preliminary evaluation of a trademark.

The research result is for reference only and is not a basis for granting or not granting a degree.

• Free preliminary search: Viet An Law will conduct a free preliminary search for clients to evaluate the possibility of trademark registration within 01 day from the time the client provides the trademark sample.
• Official search and review at the National Office of Intellectual Property: After a preliminary search of the trademark, there are no signs of similarity with the registered trademark. Clients should perform the search procedure through Viet An Law representatives to best evaluate the protection ability of the trademark. The search procedure through a representative takes 1-3 working days.

Trademark registration application dossier

• Trademark registration declaration (conducted by Viet An Law);
• Proof of payment of the trademark registration fee.
• For company: Company name’s information with a copy of the company’s business registration: 01 copy
• For an individual: Personal information for trademark registration with passport copy: 01 copy
• List of goods and services registered as trademarks in Vietnam. Provide accuracy for correct grouping and avoid additional costs
• Power of Attorney (according to the form of Viet An Law): Signed and stamped by the company representative, photocopies can be sent for early application, and originals sent to Vietnam within 01 month from the date of application.
• Trademark sample: Not smaller than 3×3 cm, not exceeding 8×8 cm
• Documents claiming priority (If any)

Sample Power of Attorney drafting by Viet An Law (bilingual Vietnamese-English)

The agency receives and processes trademark registration applications

Vietnam National Office of Intellectual Property.

The time limit for the trademark registration procedure

For the formal examination: 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 sample, application owner, filing rights, grouping, etc.
• If the enterprise’s registration application meets the conditions, the National Office of Intellectual Property will notify of the acceptance of the valid application and publish the application.
• If the 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. Applicants make amendments as required and submit amendment documents to the National Office of Intellectual Property.

The time limit for publication of the trademark registration application: 02 months from the date of notification of acceptance of the valid application.

• The content of the publication of the trademark registration application is information related to the valid application recorded in the notice of acceptance of the valid application, the trademark sample, and the attached list of goods and services.

The time limit for content examination: 09 months from the date of publication of the application.

• The National Office of Intellectual Property reviews the conditions for trademark registration and then evaluates the possibility of granting a certificate to the trademark registered by the enterprise. If the trademark registration application meets the conditions, the National Office of Intellectual Property will issue a Notice of intention to grant a certificate to the trademark that the enterprise has registered.
• If the trademark registration application does not meet the conditions, the National Office of Intellectual Property will issue a Notice of non-granting a certificate to the trademark registered by the enterprise. Enterprises review and send official dispatches to respond and appeal the decision of the Department of Property, and at the same time, provide grounds for granting a trademark protection certificate for the enterprise’s trademark.

The time limit for granting a certificate: 02-03 months from the date of payment of the granting fee.

• After the decision to issue a certificate, the Enterprise pays the certificate issuance fee and obtains a trademark protection certificate.

Thus, the usual registration time for a trademark takes about 12 – 18 months from the date of acceptance of a valid application. If a business needs to carry out procedures with a quick registration time from the date of acceptance of a valid application, please contact Viet An Law for detailed instructions. However, in reality, the trademark registration period in Vietnam usually lasts about 24-28 months.

Trademark protection term in Vietnam

Trademarks are protected for 10 years from the filing date (priority date). Enterprises can renew their protection certificates with no limit on the number of extensions. Therefore, the trademark will be an asset throughout the business’ operations and processes.

Viet An Law’s service to register foreign trademarks in Vietnam

• Legal advice on procedures and conditions for trademark registration;
• Consult on the feasibility of trademark registration;
• Preliminary search for trademark registration;
• Consult on priority rights and dates for clients when registering for trademark protection;
• Official trademark search at the National Office of Intellectual Property – Independent costs;
• Represent trademark registration for clients during the trademark registration process;
• Drafting trademark registration documents;
• Submit documents and monitor the registration and examination process at the National Office of Intellectual Property;
• Represent clients throughout the entire process of establishing rights and respond to official correspondence with the Intellectual Property Office on trademark registration;
• Exchange and provide information to clients during the trademark protection registration process.

Foreign businesses and individuals who want to register a trademark in Vietnam, please contact Viet An Law Firm at hotline: (+84) 9 61 67 55 66 for the fastest guidance, with the most reasonable costs!