In a fiercely competitive business environment, protecting intellectual assets is a vital strategic step for every enterprise. To initiate the process of establishing ownership through trademark registration in Vietnam, the trademark application form in Vietnam serves as the fundamental and mandatory legal document. Inaccurate declarations not only prolong the examination time but may also lead to the risk of the application being refused as invalid. In the article below, Viet An Law Firm provides detailed guidance on how to complete the latest trademark registration declaration in accordance with current legal standards.
Trademark application form in Vietnam
Currently, the standard trademark application form in use is Form No. 04 in Appendix I issued with Circular 10/2026/TT-BKHCN. This is a nationally uniform form used by organizations and individuals to request the state authority for industrial property rights to grant a trademark registration certificate.
Applicants must download the correct, latest version of Form No. 04 for trademark registration and must never use old, expired forms, to avoid the dossier being returned right at the receiving stage.
Detailed guide to completing the application for trademark registration in Vietnam
Information in the form must be filled in consistently, accurately and in strict compliance with the law. Below is a detailed analysis of how to complete the key sections:
How to fill in applicant information
First, declare the name and address:
Organizations and individuals must clearly and fully state their name and address, matching the enterprise registration certificate or personal identification documents.
In particular, for foreign individuals or organizations, the name and address must be presented in Latin letters in the international form of the original name and must never be translated or transliterated into Vietnamese, as prescribed in Point dd, Clause 3, Article 69 of Circular 10/2026/TT-BKHCN.
Second, declare the representative (if any):
If filing through an industrial property representation service organization, tick the corresponding box and clearly state the representative code.
Presenting the trademark sample and description
- Sample size: The sample must be clear; each element must be no larger than 80mm and no smaller than 8mm, and the whole mark must fit within the 80mm x 80mm frame printed on the declaration, pursuant to Point a, Clause 4, Article 69 of Circular 10/2026/TT-BKHCN.
- Color protection claim:
- If color protection is claimed, the trademark sample must be printed in those exact colors.
- If color protection is not claimed, the sample must be presented in black and white.
- Description of meaning:
- Clearly indicate each constituent element and the overall meaning.
- If the mark contains words in a language other than Vietnamese, their pronunciation must be transliterated and their meaning translated into Vietnamese under Point c1, Clause 3, Article 69 of Circular 10/2026/TT-BKHCN.
- Sound/three-dimensional marks:
- For a sound mark, the trademark sample affixed to the declaration is a graphic representation (a five-line musical staff), and an MP3 audio file of no more than 5MB must be submitted under Point d, Clause 4, Article 69 of Circular 10/2026/TT-BKHCN.
- For a three-dimensional mark, photographs or drawings showing the perspective view must be attached.
- Disclaimed elements: The applicant may disclaim one or more elements not requested for separate protection by clearly stating them in the “Disclaimed elements” section of the declaration.
Classifying goods and services under the Nice classification in Vietnam
- Goods and services bearing the trademark must be listed and grouped in accordance with the International Classification of Goods and Services (Nice Classification) currently applied, under Point e, Clause 3, Article 69 of Circular 10/2026/TT-BKHCN.
- Products/services must be clearly described by nature. Incorrect classification will lead the state authority to reclassify them, and the applicant will have to pay an additional classification fee as prescribed.
Comparison of declaration differences for special trademark types in Vietnam
When completing the trademark application form, depending on the type of trademark, the applicant must tick the appropriate box and provide different attached documents.
| Criteria | Ordinary trademark | Collective trademark | Certification trademark |
| Marking the trademark type on the declaration | Tick the “Ordinary trademark” box | Tick the “Collective trademark” box | Tick the “Certification trademark” box |
| Mandatory attached documents | Not required | Regulations on the use of the collective trademark must be attached. | Regulations on the use of the certification trademark must be attached. |
| Marks containing place names or local specialties | Not applicable | Permission from the provincial People’s Committee and a map of the geographical area must be attached. | Permission from the provincial People’s Committee and a map of the geographical area must be attached. |
Important formality notes when preparing the application in Vietnam
For the trademark registration declaration to be accepted as formally valid, organizations and individuals must strictly comply with the standards in Clause 1, Article 69 of Circular 10/2026/TT-BKHCN:
- Printing standards: The declaration must be printed on A4 paper with 20mm margins on all four sides, using Times New Roman font in a size no smaller than 13.
- Text presentation: The content must be typed or printed in indelible ink, with no erasures. If the document has 2 or more pages, it must bear a seal across adjoining pages or be initialed on each page.
- Correcting minor errors: If there is a minor spelling error before filing, the applicant may strike it out and correct it but must sign (and seal) to confirm right at the corrected position without obscuring the content.
- Language: All documents stated in the declaration must be in Vietnamese. Terms used must be common words, not slang or dialect.
- Electronic filing: If filing via the online system, the electronic declaration must be in “.pdf” format, and individuals may use a digital signature or a color scan of the paper document bearing a handwritten signature.
Frequently asked questions about the trademark registration declaration in Vietnam
If I list the wrong class under the Nice classification in Vietnam, will my application be cancelled?
The application will not be cancelled immediately. However, the examination authority will reclassify it correctly and you will be required to pay an additional classification fee as prescribed.
I am a foreign individual. Can I sign and file this declaration myself in Vietnam?
If you are a foreign individual permanently residing in Vietnam, you may sign the declaration yourself. However, if you do not permanently reside in Vietnam, the declaration must be filed and signed through a lawful representative, namely an industrial property representation service organization, as prescribed in Point b, Clause 2, Article 6 of Circular 10/2026/TT-BKHCN.
My trademark sample is too long. Can it extend beyond the 80x80mm frame on the declaration?
The law requires the entire mark to fit within the 80mm x 80mm frame printed on the declaration. You need to scale down the trademark sample proportionally to fit this frame while still ensuring that no element is smaller than 8mm.
How do I complete the declaration when registering a sound mark?
You need to tick the sound mark box on the declaration, and the trademark sample section must show a graphic representation in the form of a five-line musical staff. Together with the declaration, you must submit an MP3 audio file of no more than 5MB.
I found a misspelled word on the declaration after printing and sealing it. Can I use correction fluid to fix it?
Correction fluid is not allowed (no erasing or alterations). If it is a minor spelling error, you may correct it directly with an ink pen, then sign and seal over the corrected position, ensuring the content is not obscured. However, for the most professional dossier, you should print and sign a new declaration.
Accurately completing the trademark application form in Vietnam is an important foundational step that helps enterprises protect their intellectual assets safely and quickly. If you encounter any difficulties during the process, please contact Viet An Law Firm for timely support.
