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Businesses entering or operating in Vietnam should understand that trademark protection involves much more than filing a registration application. A complete Vietnam trademark strategy covers selecting a distinctive mark, assessing earlier rights, understanding registration requirements, maintaining protection, managing ownership, addressing infringement, and planning for international expansion. Vietnam trademark law provides the legal framework for establishing and enforcing these rights, while businesses must take practical steps to ensure that their brands remain protected throughout their commercial development.
What Does Vietnam Trademark Law Cover?
Vietnam trademark law forms part of the country’s intellectual property framework. Its principal purpose in this context is to establish when signs can receive protection, who may seek registration, what rights arise from protection, and how those rights can be maintained, transferred, licensed, and enforced.
The principal legislation is the Law on Intellectual Property, as amended, including by Law No. 131/2025/QH15, which took effect on April 1, 2026. Its implementing framework includes Decree No. 65/2023/NĐ-CP, as subsequently amended, and the relevant implementing circulars, including Circular No. 10/2026/TT-BKHCN and its amendments.
Businesses should consult the current legal texts rather than rely exclusively on older guidance. The 2025 amendments to the Law on Intellectual Property and Decree No. 100/2026/NĐ-CP are particularly relevant when assessing the applicable requirements and procedures.
For a business, the practical implications of Trademark in Vietnam extend across the entire brand lifecycle. A trademark may become a valuable commercial asset, distinguish products from competitors, support licensing arrangements, and strengthen a company’s position when addressing unauthorized use.
The appropriate strategy depends on the business’s brand portfolio, industry, target consumers, and expansion plans. Companies should therefore consider trademark protection as part of their wider intellectual property strategy rather than treating registration as an isolated administrative task.
Which Types of Trademarks Can Businesses Protect?
Choosing the right form of protection is an important first step. Different signs may have different commercial functions, and protecting one element of a brand does not necessarily provide equivalent protection for every other element.
Word marks protect the verbal elements represented in an application, such as a brand name. Logo and combined marks focus on the submitted graphic representation or combination of verbal and visual elements. Eligible three-dimensional marks and sound marks may also be protected when they satisfy the applicable legal requirements.
Collective marks and certification marks serve different purposes. Collective marks distinguish goods or services associated with members of an organization, while certification marks identify goods or services that meet specified characteristics or standards. Well-known marks are subject to a separate legal assessment under the applicable statutory criteria.
Article 4 of the Law on Intellectual Property addresses relevant concepts, while Articles 72–78 establish important conditions and restrictions concerning trademark protection. In particular, Articles 73 and 74 are relevant to signs that cannot be protected and the requirement of distinctiveness.
A proposed mark should be assessed in relation to the goods or services for which protection is sought. Descriptive expressions, common signs, or marks that conflict with earlier protected rights may encounter difficulties during examination.
Businesses planning trademark registration Vietnam should consider whether the selected mark is sufficiently distinctive, whether similar earlier marks exist, and which products or services need protection. A preliminary search can identify potential conflicts, although it cannot guarantee that registration will be granted.
How Does Vietnam Trademark Registration Work?
Vietnam trademark registration generally involves selecting the mark, identifying the relevant goods and services, preparing an application, filing with the Intellectual Property Office of Vietnam (IPVN), and completing the examination process.
First, assess the proposed mark. Businesses should consider whether the mark is distinctive and whether earlier registrations or applications may create obstacles. This assessment should take account of the mark’s visual, phonetic, and conceptual characteristics, together with the relationship between the relevant goods and services.
Second, determine the scope of protection. The application must identify the goods and services covered by the proposed registration. Businesses should avoid selecting classes solely on the basis of their current products if foreseeable commercial expansion makes additional protection relevant. At the same time, specifications should reflect genuine business needs rather than being unnecessarily broad.
Third, prepare and submit the application. The required documents generally include the prescribed application declaration, a representation of the mark, and a list of goods and services. Additional documents may be required depending on the applicant’s circumstances, including a power of attorney where an authorized representative is used.
Businesses reviewing the Vietnam trademark registration application requirements should use the current forms and procedures. The IPVN’s official trademark guidance provides information on applications and related procedures.
Fourth, complete formal and substantive examination. The IPVN examines the application’s formal validity before publication and substantive examination. The substantive stage assesses whether the sign satisfies the statutory conditions for protection and whether legal grounds exist to refuse registration.
Finally, obtain the registration decision. If the application satisfies the applicable requirements and the necessary steps are completed, protection may be granted. Filing an application or receiving confirmation that it is formally valid does not, by itself, establish that the trademark has been registered.
Businesses looking for a step-by-step explanation of How to register trademark in Vietnam can consult the dedicated procedural guide. The broader Trademark Registration resource provides another starting point for understanding the process.
The appropriate filing strategy may vary with the applicant’s status. Foreign organizations and individuals without a qualifying production or business establishment in Vietnam generally need to file through a lawful industrial property representative. Choosing an appropriate Vietnam trademark registration agent can help businesses coordinate documentation, classification, official correspondence, and examination responses.
What Rights Do Trademark Owners Have, and How Long Do They Last?
Vietnam trademark rights allow their owners to protect the commercial identity represented by the registered mark, subject to the scope of protection and the applicable legal limitations.
Under Article 123 of the Law on Intellectual Property, industrial property rights holders have specified rights to use, authorize the use of, and prevent unauthorized use of protected subject matter. Article 125 addresses the right to prevent others from using industrial property subject matter, subject to statutory exceptions.
The scope of a trademark right depends on the registered sign and the goods and services covered by the registration. It should not be treated as an unrestricted monopoly over a word or image in every commercial context.
Registration duration and renewal. Under Article 93, an ordinary trademark registration generally remains valid for 10 years from the filing date and may be renewed for successive 10-year periods. Businesses should maintain records of their registrations and monitor renewal deadlines. Article 94 also forms part of the legal framework concerning the validity of protection titles.
Non-use and loss of rights. Article 95 provides grounds for termination of a protection title in specified circumstances, including five consecutive years of non-use without a legitimate reason. Businesses should preserve evidence of genuine commercial use and periodically assess whether their registrations remain aligned with their commercial activities.
Ownership and recordkeeping. The registered owner should be identified carefully, particularly where founders, employees, manufacturers, distributors, or affiliated companies have contributed to developing a brand. A discrepancy between the intended owner and the recorded proprietor can create complications when a company raises investment, restructures, licenses its brand, or seeks enforcement.
Companies should plan their procedural deadlines in advance. The dedicated Vietnam trademark registration timeline resource can be used as a related reference, but applicants should verify current requirements against the applicable 2026 legislation.
Registration and renewal are only parts of long-term protection. A business should also understand the circumstances in which rights may be challenged, transferred, licensed, or enforced.
Need a broader review of your intellectual property position? Businesses assessing trademark risks alongside other intellectual property assets may benefit from reviewing ASL LAW’s Vietnam IP Services to understand the range of available support for protection and portfolio management.
What Happens When a Trademark Is Refused, Opposed, or Challenged?
A trademark application may be refused where the proposed mark does not satisfy the legal requirements or falls within a statutory ground for refusal. Articles 73, 74, and 117 of the Law on Intellectual Property are relevant to these assessments.
Common issues include insufficient distinctiveness, prohibited signs, and conflicts with earlier trademarks or other protected rights. Similarity should be assessed in context rather than by comparing only individual words or visual elements. The characteristics of the marks and the goods or services concerned may both be relevant.
Third parties may also challenge a proposed registration through the applicable opposition procedure. Article 112a governs opposition to industrial property applications, while Article 117 addresses grounds for refusing protection. The legal framework and relevant deadlines should be checked for the particular application.
Businesses should distinguish between different forms of challenge to an existing registration. Article 95 addresses termination of validity in specified circumstances, including qualifying non-use. Article 96 addresses invalidation of a protection title where the relevant legal grounds are established. The appropriate procedure depends on the nature of the alleged defect and the evidence available.
Bad-faith filing presents another potential risk. A business may face difficulties if another party applies to register a mark in circumstances that support a legally recognized challenge. Similarly, a business seeking to challenge a registration must establish the relevant grounds rather than relying solely on the fact that it used a similar brand first.
Well-known marks receive particular treatment under Vietnamese law. Article 75 sets out criteria for assessing well-known status, and Article 129 is relevant to infringement involving protected marks. However, a claim based on well-known status requires an assessment of the legal criteria and supporting evidence.
A business facing a refusal, opposition, or validity dispute should review the official notice, the applicable deadline, the rights involved, and the available evidence before deciding how to respond. An experienced Vietnam trademark law firm may assist in assessing the legal grounds, evidence, and procedural options.
How Should Businesses Manage, Commercialize, and Enforce Trademark Rights?
Effective Vietnam trademark protection requires continuing management after registration. Businesses should maintain consistent use of their marks, preserve evidence, monitor possible conflicts, and ensure that their contractual arrangements reflect the ownership and scope of the protected rights.
Monitoring and portfolio management. A trademark portfolio should be reviewed periodically to identify upcoming renewals, changes in business activities, unused registrations, and gaps in coverage. Businesses should also monitor potentially conflicting applications and unauthorized use in physical and online markets.
Assignment and licensing. Articles 138–140 of the Law on Intellectual Property address the assignment of industrial property rights, while Articles 141–143 address the licensing of industrial property rights. Businesses transferring ownership or authorizing another party to use a mark should establish clear contractual terms and comply with any applicable recordal requirements.
Enforcement. Articles 198 and 199 address measures for protecting intellectual property rights, while Articles 211 and 212 are relevant to administrative and criminal handling of certain infringements. Articles 216–218 address customs-related measures. The appropriate response depends on the conduct, evidence, commercial impact, and legal requirements involved.
Businesses may need to consider evidence preservation, cease-and-desist communications, administrative action, civil remedies, or border measures where legally available. Not every suspected infringement requires the same response, and the available options depend on the facts of the case.
A company may work with a Vietnam trademark agency to evaluate filing, monitoring, and enforcement needs. When a dispute raises issues of ownership, evidence, contractual obligations, or litigation, a Vietnam trademark lawyer may help assess the available legal options.
The right professional support will depend on the business’s needs, from an initial clearance assessment to ongoing portfolio management. Businesses comparing providers may also review ASL LAW’s profile as a Vietnam trademark firm and the recognition of its practitioners as a Vietnam trademark law firm.
How Can Businesses Protect Their Trademarks Internationally?
Trademark rights are territorial. Registration in Vietnam does not automatically provide equivalent protection in every overseas market where a business sells products, provides services, or works with distributors.
Businesses planning international expansion should identify priority markets, review potential conflicts, and choose an appropriate filing route for each jurisdiction. Depending on eligibility and the countries concerned, national applications or an international application under the Madrid System may be suitable.
A global trademark filing strategy should account for where products are manufactured and sold, where distributors operate, and which markets are commercially important. Businesses should also consider the risk of third parties registering similar marks in target markets before the original brand owner secures protection.
The Madrid System provides a centralized route for seeking trademark protection in multiple designated jurisdictions, but each designation remains subject to the relevant national examination rules. An international application therefore does not guarantee that protection will be granted in every country selected.
Businesses researching international trademark registration should also consider how international filings interact with their existing registrations, ownership records, licensing arrangements, and renewal schedules. The ASEAN IP Portal can serve as a starting point for regional intellectual property research, although country-specific requirements must still be checked.
For companies that need continuing support across domestic and overseas matters, ASL LAW’s Vietnam legal retainer service may be relevant when considering a longer-term approach to legal and intellectual property management.
Frequently Asked Questions
1. What should businesses know about trademarks in Vietnam?
Businesses should understand trademark eligibility, registration, ownership, renewal, non-use risks, enforcement, and territorial protection. A sound strategy addresses these issues throughout the brand lifecycle rather than focusing only on the initial application.
2. How does Vietnam trademark registration provide protection?
Registration establishes rights in the mark for the registered goods and services, subject to Vietnamese law. It provides a legal basis for controlling authorized use and taking action against certain unauthorized uses.
3. How long does a trademark registration remain valid in Vietnam?
An ordinary trademark registration generally remains valid for 10 years from the filing date and may be renewed for successive 10-year periods, subject to the applicable requirements.
4. Can a trademark registration be challenged or terminated?
Yes. Depending on the circumstances, a registration may be subject to opposition before grant, invalidation on legally recognized grounds, or termination on grounds such as qualifying non-use. The applicable procedure and evidence depend on the specific legal basis.
5. Does trademark registration in Vietnam protect a brand worldwide?
No. Trademark protection is territorial. Businesses seeking protection in foreign markets should assess the relevant national filing requirements or consider an eligible international application designating the jurisdictions in which protection is sought.
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].
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