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A trademark serves as a distinctive sign to differentiate goods and services of different entities, playing a vital role in brand strategy. However, to be able to conduct trademark registration in Vietnam, the trademark application must meet stringent legal requirements. Complying with these conditions ensures legal protection, providing a solid foundation for businesses to operate and develop their brand in the market.
General Conditions for Trademark Protection in Vietnam
A trademark serves as a distinctive sign to differentiate goods and services of different entities, playing a vital role in brand strategy. However, to successfully register a trademark in Vietnam, the trademark application must meet strict legal requirements. Complying with these conditions ensures legal protection, providing a solid foundation for businesses to establish and develop their brand in the market.
General Conditions for Trademark Protection in Vietnam
A trademark is eligible for protection in Vietnam if it meets the following conditions:
- Visible Representation: The trademark must be a visible sign, which can include letters, words, drawings, images, three-dimensional shapes, or a combination of these elements. It may also include sounds represented graphically, with one or multiple colors.
- Distinctiveness: The trademark must be unique, enabling consumers to distinguish the goods and services of the trademark owner from those of other entities.
Signs That Are Not Eligible for Trademark Protection in Vietnam
The following signs are not eligible for trademark protection under Vietnam’s intellectual property laws:
- Signs that contain unauthorized reproductions of copyrighted works, unless permission is obtained from the copyright owner.
- Signs identical or confusingly similar to national flags, national emblems, and national anthems of Vietnam or other countries, as well as international anthems.
- Signs identical or confusingly similar to symbols, flags, insignias, abbreviations, and full names of government agencies, political organizations, socio-political organizations, and international organizations, unless explicit permission is granted.
- Signs identical or confusingly similar to real names, aliases, pseudonyms, or images of national leaders, national heroes, or historical figures of Vietnam and foreign countries.
- Signs identical or confusingly similar to certification marks, inspection marks, or warranty marks of international organizations that prohibit their use, unless registered as certification trademarks by the respective organization.
- Signs that mislead, cause confusion, or deceive consumers regarding the origin, features, uses, quality, value, or other characteristics of goods or services.
- Signs that are inherent shapes of goods or shapes required by the technical characteristics of the product, making them non-distinctive.
Importance of Trademark Protection for Businesses
Ensuring that a trademark complies with legal requirements helps businesses:
- Secure exclusive rights over their brand identity.
- Prevent potential legal disputes related to trademark infringement.
- Enhance brand value and credibility in the marketplace.
- Expand internationally with legally protected trademarks.
Conclusion
To secure trademark protection in Vietnam in 2025, businesses must ensure that their trademarks comply with legal requirements and avoid using elements that violate prohibited conditions. Understanding these regulations helps businesses develop strong, legally protected trademarks, minimizing risks and maximizing brand value for long-term success in 2025 and beyond.
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.
