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For foreign investors and entrepreneurs entering Vietnam, one of the most important steps in building a business presence is registering trademark in Vietnam and protecting brand identity. While trademarks and brands are often used interchangeably, the law in Vietnam makes a clear distinction between them. Understanding this difference is crucial to ensure effective registration and long-term protection.
Trademark Search
- Conduct a preliminary search – Check existing trademarks in the National Office of Intellectual Property of Vietnam (NOIP) database.
- Assess potential conflicts – Identify identical or confusingly similar marks.
- Seek professional advice – Use a licensed IP representative for a comprehensive search.
Application Filing
- Prepare the application – Include representation of the mark, goods or services, and applicant details.
- Submit to the NOIP – Either directly or through a licensed agent if the applicant is a foreign entity.
Examination Process
- Formality examination – The NOIP reviews compliance with filing rules.
- Publication – The mark is published in the Industrial Property Gazette for third-party opposition.
- Substantive examination – The NOIP examines distinctiveness, legality, and registrability.
Grant and Maintenance
- Issuance of Certificate – Successful applications receive a Trademark Registration Certificate.
- Renewal – Registration is valid for 10 years and can be renewed indefinitely.
Legal Distinction Between Trademarks and Brands
- Trademark: A legally registered sign, symbol, or expression used to distinguish goods or services. It provides exclusive rights to its owner under IP law.
- Brand: A broader concept that includes reputation, image, and perception in the market. While the brand builds consumer trust, only the trademark can be registered and legally enforced.
- Key point: Registration protects the trademark, which in turn safeguards the brand in the legal system.
Documents Needed
- Application form.
- Representation of the mark.
- List of goods/services classified under the Nice Classification.
- Power of attorney (for foreign applicants).
- Priority documents (if claiming priority under international conventions).
Costs of Registration of Trademark in Vietnam
- Official fees: Cover filing, publication, and examination.
- Service fees: Apply when working with an authorized IP agent.
- Renewal fees: Payable every 10 years to maintain protection.
Common Mistakes to Avoid
- Confusing brand building with trademark registration.
- Filing without a prior trademark search.
- Assuming that global registration automatically applies in Vietnam.
- Missing deadlines for opposition, examination responses, or renewals.
FAQs
1. What is the difference between a brand and a trademark in Vietnam?
A brand reflects market reputation, while a trademark is the legally registered element that protects that brand.
2. How long does it take to register a trademark in Vietnam?
The process typically takes 12–18 months, depending on opposition and examination stages.
3. Can I register my company name as a trademark?
Yes, provided it meets distinctiveness requirements and is not confusingly similar to existing marks.
4. Do foreign companies need a local representative to register?
Yes. Foreign applicants without a local address must appoint a licensed IP agent.
5. How long does trademark protection last in Vietnam?
Trademark registration lasts for 10 years from the filing date and can be renewed indefinitely.
Conclusion
Distinguishing between trademarks and brands is fundamental for businesses operating in Vietnam. Trademarks provide the legal backbone that secures brand identity, while brands shape consumer trust and market presence. By registering trademarks correctly and maintaining them, foreign investors and entrepreneurs can protect their market share and strengthen their long-term business strategy in Vietnam.
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.
