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Discovering that another party has registered your brand in Vietnam can threaten your market entry, distribution plans, and brand reputation. Because Vietnam generally follows a first-to-file trademark system, businesses that delay filing may face significant obstacles even when they have used their brand elsewhere. However, a prior registration does not automatically mean that every recovery option is lost. The right strategy depends on the filing history, the other party’s conduct, and the evidence available.
Why Someone Registering Your Brand First in Vietnam Creates Risks
When a business discovers that someone registered my brand first in Vietnam, its first step should be to determine whether the other party has filed an application or already obtained a trademark registration certificate.
Vietnam generally applies the first-to-file principle. Under Article 90 of the Law on Intellectual Property, where competing applications concern identical or confusingly similar marks for identical or similar goods or services, priority generally goes to the valid application with the earliest filing or priority date, provided the legal requirements are satisfied.
This creates first-to-file trademark system Vietnam risks for foreign brands and businesses expanding into Vietnam. A company may have used its brand internationally for years but still encounter difficulties if another party files first in Vietnam.
However, filing first does not necessarily legitimise bad-faith conduct or override every earlier right. The circumstances of the application and the available legal grounds must be assessed individually.
Brand Squatting in Vietnam: What to Do First
If a business suspects brand squatting in Vietnam, what to do depends on the registration status and the evidence available. Begin by obtaining the relevant trademark records and confirming the applicant, filing date, registration status, and covered goods or services.
Next, collect evidence of the brand’s history, including overseas registrations, dated marketing materials, commercial invoices, distribution agreements, online use, and communications with the other party. Evidence that the applicant knew about the brand before filing may be particularly relevant when assessing potential bad faith.
Businesses should also avoid immediately abandoning the Vietnamese market or paying a demand from the registrant without assessing the legal position. A premature settlement may be expensive and could create further commercial complications.
Legal Options for Recovering Your Brand
Recovering your brand after prior registration Vietnam may involve different procedures depending on whether the application is pending or the trademark has already been registered.
If the application is still pending, an opposition may be available within the applicable statutory period. Vietnam’s amended Law on Intellectual Property No. 131/2025/QH15, effective April 1, 2026, introduced changes to trademark procedures, including a three-month opposition period following publication of a trademark application under the revised rules. The applicable transitional provisions and filing dates should be checked before calculating a deadline.
If a registration has already been granted, possible options may include requesting invalidation on an applicable legal ground, seeking cancellation where statutory conditions are met, negotiating an assignment, or pursuing other appropriate proceedings.
The correct route depends on factors such as earlier rights, the registrant’s conduct, the mark’s reputation, and whether the registration has been used. No single remedy is guaranteed to succeed in every case.
Practical Trademark Hijacking Solutions in Vietnam
Effective trademark hijacking solutions in Vietnam start with a clear assessment of both legal rights and commercial priorities.
Businesses should evaluate whether they can challenge the registration, negotiate a transfer, coexist under agreed conditions, or develop an alternative brand strategy. Any settlement or assignment should be documented carefully and reviewed for its legal and commercial consequences.
For businesses that have not yet entered Vietnam, early filing and a broader IP clearance strategy can reduce exposure to similar disputes. A Vietnam intellectual property agent may assist with local filing and procedural coordination, while an IP agent in ASEAN may help coordinate trademark protection across regional markets.
Preventing Future Brand Registration Disputes
The most reliable way to reduce first-to-file trademark system Vietnam risks is to make trademark filing part of the market-entry process rather than waiting until commercial launch.
Businesses should conduct clearance searches, identify the correct legal owner, select appropriate goods and services, and file before announcing expansion plans or appointing local distributors. Agreements with distributors, manufacturers, and commercial partners should also clearly address trademark ownership and prohibit unauthorised filings.
A proactive strategy is generally more cost-effective than attempting to recover a brand after another party has secured registration. When a conflict has already arisen, prompt legal assessment can help preserve available options and minimise disruption.
FAQ
1. What should I do if someone registered my brand first in Vietnam?
Verify the application or registration details, identify the relevant deadlines, and collect evidence of prior use, ownership, and any potential bad faith before deciding on a legal or commercial response.
2. Can I recover my brand if another party has already registered it?
Potentially. Depending on the facts, options may include invalidation, cancellation where legally available, assignment negotiations, or other proceedings. Success depends on the applicable legal grounds and evidence.
3. Does using a brand overseas give me automatic priority in Vietnam?
Not necessarily. Earlier use or foreign registration does not automatically override Vietnam’s first-to-file principle, although it may be relevant to certain legal arguments depending on the circumstances.
4. What evidence is useful in a brand-squatting dispute?
Useful evidence may include earlier trademark registrations, dated advertising, sales records, market recognition, correspondence, distribution agreements, and documents indicating that the applicant knew about the brand.
5. How can businesses prevent trademark hijacking in Vietnam?
Conduct clearance searches, file early, register in the correct owner’s name, monitor competing applications, and use contracts that clearly protect trademark ownership when working with local partners.
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.
