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The year 2025 brings several important updates to Vietnam’s trademark registration process, including changes in application procedures, examination processes, and protection standards. To safeguard rights and avoid legal risks, businesses must stay informed of the latest regulations and ensure a thorough understanding of the registration steps.
Why Register Trademark in Vietnam?
Trademark registration not only legally establishes ownership but also serves as a critical defense against counterfeiting, infringement, and unfair competition. In the digital economy and booming e-commerce landscape, trademark rights are vital for brand recognition and business value.
In Vietnam, trademark ownership is based on a “first-to-file” principle—meaning rights are only granted upon successful registration. As such, delays or neglect in filing can result in the loss of rights, even for long-used brands.
Trademark Registration Process in 2025
The trademark registration process in Vietnam in 2025 involves five basic steps: (1) conducting a registrability search, (2) preparing the application, (3) filing with the National Office of Intellectual Property (NOIP), (4) formality and substantive examination, and (5) issuance of a registration certificate if approved. A key update is the full digitalization of the filing and examination process via the National Online Public Service Portal.
Application processing times have significantly improved, now averaging 12–14 months in the absence of objections or amendments. However, businesses must still prepare their applications carefully—errors in trademark description, classification of goods/services, or supporting documents can lead to refusals or unnecessary delays.
Key Considerations When Registering a Trademark
One common oversight is the failure to conduct a similarity search before filing. If a proposed trademark is deemed confusingly similar to an already registered mark, the application is likely to be rejected. A thorough search helps reduce costs, save time, and avoid future disputes.
Businesses should also consider registering elements that contribute to brand distinctiveness—such as colors, visual marks, or slogans. It is equally important to ensure all documents related to ownership are properly executed, especially when the mark is created by third parties such as design agencies or joint venture partners.
Protecting a Trademark Post-Registration
Once the registration certificate is issued, the trademark must be used properly and continuously to retain its validity. Under Vietnamese law, a mark may be subject to cancellation if it is not used for five consecutive years without a legitimate reason—this rule is designed to prevent trademark hoarding.
Additionally, monitoring newly filed applications by competitors is critical. If a similar or confusing mark is detected, businesses may file an opposition within the prescribed legal timeframe. Taking timely action helps protect brand rights and minimize the risk of real-world brand dilution or loss.
Conclusion
In an increasingly competitive and globalized market, Vietnam trademark are not just legal tools—they are business assets. Staying proactive in registration, avoiding common mistakes, and keeping up with regulatory changes in 2025 will ensure your brand remains protected and valuable in Vietnam’s dynamic marketplace.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
