As Vietnam rapidly gains its position as a prime destination for foreign investment capital, securing intellectual property rights has become a top priority for cross-border investors. For overseas investors starting on FDI company formation and domestic business operations, establishing a local presence carries the inherent risk of privacy, disputes, or the loss of proprietary assets if brand protection is not secured. Therefore, trademark registration for FDI companies in Vietnam is not just a procedural formality but a strategic step to establish exclusive usage rights, mitigate legal risks, and build a solid foundation for long-term business operations.
In this article, Viet An Law provides detailed guidance on the conditions, dossiers, procedures, and vital considerations for navigating this process effectively, helping foreign enterprises comply with regulations and optimize brand protection.
| Key content | Summary information |
| Applicable subjects | FDI companies in Vietnam & foreign organizations |
| Right to register | Same trademark registration rights as Vietnamese enterprises |
| Principle | First-to-file (first to file gets priority) |
| Protection conditions | Distinctive capacity & not identical/confusingly similar |
| Trademark forms | Words, logos, images, 3D, colors, or a combination |
| Classification | According to the Nice Classification version 13-2026 |
| Basic dossier | Declaration, trademark sample, fee receipts |
| Supplementary dossier | Power of Attorney, priority documents (if any) |
| Filing method | Directly or through an industrial property representative |
| Mandatory representation | If there is no commercial presence in Vietnam |
| Formal examination | ~1 month |
| Application publication | ~2 months |
| Substantive examination | ~9 months (updated 2026) |
| Total time | 18 months |
| Protection validity | 10 years, unlimited renewals |
| Risks of non-registration | Loss of brand, preemptive registration by others, disputes |
| Key benefits | Exclusive use, assignment, franchising |
| Important note | Must use the trademark within 5 years |
| Recommendation | Clearance search recommended before filing |
Registering a trademark brings significant advantages to foreign-invested enterprises conducting business in Vietnam.
To be granted a protection title in Vietnam, a trademark of an FDI company must meet the protection conditions prescribed in Article 72 of the Law on Intellectual Property 2005, amended in 2022:
Additionally, the trademark must not fall under the categories excluded from protection as stipulated in Article 73 of the Intellectual Property Law, such as signs identical or similar to national flags or emblems of countries; signs that cause misunderstanding about the origin or characteristics of the goods; or signs contrary to social ethics and public order.
According to Article 100 of the Law on Intellectual Property 2005, amended in 2022 and 2025, Article 24 of Circular 23/2023/TT-BKHCN, and guidance from the National Office of Intellectual Property, the trademark registration dossier includes:
When executing the trademark registration procedure in Vietnam, foreign-invested enterprises must pay attention to several issues to ensure a favorable registration process and limit legal risks.
Vietnam applies the first-to-file principle in establishing rights to trademarks. Therefore, businesses should submit trademark registration applications as early as possible to avoid the scenario where another party registers it first.
After being granted the Trademark Registration Certificate, the owner must use the trademark in practice. According to point d, Clause 1, Article 95 of the Intellectual Property Law, a protection title may be invalidated if the trademark is not used continuously for 5 years without a justifiable reason. It is also necessary to execute a trademark registration renewal in Vietnam as the initial 10-year period from the filing date nears expiration.
During the trademark registration process in Vietnam, many foreign organisations seeking intellectual property legal consulting in Vietnam discover that utilizing professional representation provides practical benefits.
According to Clause 2, Article 89 of the Intellectual Property Law, foreign organizations and individuals without a production or business establishment or permanent residence in Vietnam must file industrial property registration applications through an industrial property representative in Vietnam. Therefore, for many foreign parent companies or those currently executing FDI company formation, using a representative is a mandatory requirement under the law.
The trademark registration procedure requires the dossier to be prepared in the correct form, goods and services to be classified, and compliance with regulations on both the form and content of the application. Industrial property representatives possess expertise in this field and will support businesses in preparing complete dossiers, limiting errors that lead to the application being refused or extending the processing time.
Before filing, an industrial property representative can conduct an in-depth search to evaluate the degree of identity or similarity of the trademark compared to previously registered trademarks. This helps businesses adjust the trademark promptly and elevates the likelihood of being granted a protection title.
During the examination of a trademark registration application, the competent authority may request amendments, supplementations to the dossier, or issue notices of intended refusal. The industrial property representative will act on behalf of the enterprise to monitor the dossier, receive notices from the management agency, and prepare appropriate response documents.
Beyond filing the application, industrial property representatives can also assist businesses in other procedures such as opposing third-party trademark applications, appealing decisions refusing protection title issuance, handling trademark registration renewal procedures, or trademark assignment.
Yes. According to the Intellectual Property Law, an FDI company has the full right to register a trademark for its products or services in Vietnam, just like domestic enterprises.
Yes. If the enterprise lacks a commercial presence in Vietnam, it is mandatory to file the application through a lawful industrial property representative organization.
It typically lasts approximately 18-24 months, encompassing the stages of formal examination, application publication, and substantive examination.
A trademark is protected for 10 years from the filing date and can be renewed an unlimited number of times.
Vietnam applies the first-to-file principle, meaning whoever submits the application first will have priority in securing trademark protection.
The basic dossier consists of:
Additional documents such as a Power of Attorney or priority documents may be supplemented if necessary.
The trademark must be:
Yes. The registration application may be refused if it is:
Yes. A prior search helps assess the probability of successful registration and minimises the risk of refusal.
Yes. If the trademark is not used continuously for 5 years, it may be subject to invalidation.
Yes. The owner holds the right to assign, grant usage licenses, or franchise the trademark according to the provisions of the law.
The cost depends on:
Viet An Law provides trademark registration services for FDI companies in Vietnam, offering support from searching for protection capacity, preparing dossiers, and filing applications to tracking the entire examination process at the competent state agency.
With nearly 20 years of experience in intellectual property legal consulting in Vietnam, we help foreign enterprises save time, reduce the risk of refusal, and ensure their brand protection is secured and under legal regulations.
If you need trademark registration for FDI Companies in Vietnam, contact Viet An Law for:
Contact us today to secure your brand protection in Vietnam safely and effectively: 09 61 37 18 18 (Zalo / WhatsApp).
