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In an increasingly competitive marketplace, trademarks have become one of the most valuable intangible assets for businesses. Registering a trademark not only protects the brand from infringement but also establishes a solid legal foundation for business operations and market expansion.
However, the process of trademark registration in Vietnam can involve numerous challenges if businesses are not well-versed in the applicable legal regulations and procedural practices. The following are seven important considerations that every business should be aware of when registering a trademark in Vietnam.
1. Trademarks must be distinctive and non-duplicative
To be eligible for protection, a trademark in Vietnam must be distinguishable from previously registered or applied-for trademarks. Confusing similarities in pronunciation, meaning, imagery, or layout may result in a refusal.
Businesses are strongly advised to conduct a trademark search prior to filing to assess the risk of conflicts with existing marks.
2. Select the correct goods/services classes under the Nice Classification
Trademarks are protected within specific classes of goods or services based on the Nice Classification. Incorrect class selection or inadequate descriptions may result in the mark not being protected in the desired scope.
Enterprises should identify the core class and any related classes relevant to their main business activities to minimize legal risks.
3. Foreign language trademarks must consider transliteration and translation
For trademarks using foreign words, the registration authority may evaluate their Vietnamese transliteration and meaning when assessing distinctiveness and likelihood of confusion.
Descriptive terms, commonly used phrases, or politically/culturally sensitive words—regardless of the language—may be refused protection.
4. Registration takes time and may face opposition
The registration process in Vietnam involves multiple stages: formality examination, publication, substantive examination, and finally, issuance of the Certificate. The entire process may take several months to over a year.
During the publication stage, third parties may file oppositions if they believe the mark infringes on their rights. Such oppositions can delay or derail the registration process.
5. Non-use of a registered trademark may lead to cancellation
Under Vietnamese law, a registered trademark that is not continuously used for five years from the date of certification may be subject to cancellation upon request by a third party.
Businesses should implement an actual use strategy and maintain proof of use to defend their rights in case of disputes or challenges.
6. Trademark, business name, and domain name are separate legal concepts
Registering a business name or domain name does not automatically grant protection of trademark in Vietnam. Each of these identifiers is governed by different regulations and has separate dispute resolution mechanisms.
It is advisable for companies to file for separate trademark protection, even if the same name is already used in the company name or website domain.
7. Timely renewal is essential to maintain trademark rights
A trademark registration certificate in Vietnam is valid for 10 years and may be renewed indefinitely for subsequent 10-year periods.
Failure to renew on time or within the prescribed grace period will result in expiration of the trademark and loss of legal protection.
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.
