Registering Trademarks In Vietnam: What You Need To Know

Registering a Trademark in Vietnam: What International Businesses Need to Know

Vietnam has become a key manufacturing and consumer market in Asia, with a fast-growing middle class and an increasingly sophisticated legal framework for intellectual property. If you plan to manufacture, source, distribute, or sell in Vietnam, protecting your brand before you enter (or expand in) the market is essential. Without early trademark registration, you face real risks: squatting, copycats, and very avoidable enforcement headaches.

This guide explains how to register a trademark in Vietnam as a foreign company, including application steps, legal requirements, timelines, and practical enforcement and strategy considerations.

What Is a Trademark in Vietnam?

Trademarks in Vietnam are governed primarily by the Law on Intellectual Property (as amended) and administered by the Intellectual Property Office of Vietnam (IP Vietnam). A registered Vietnamese trademark gives you exclusive rights to use the mark for the registered goods and services, supports customs and administrative enforcement, and is a cornerstone of any serious market entry plan.

A trademark in Vietnam can be any visible sign used to distinguish the goods or services of one entity from those of others. This includes:

• Words, letters, numbers, and combinations of these
• Logos, stylized marks, and device marks
• Images, drawings, and three-dimensional shapes
• Combinations of the above, in one or more colors

Vietnam also allows registration of service marks, collective marks, and certification marks. Multi-class applications are permitted, with fees calculated per class.

Why Register a Trademark in Vietnam?

Exclusive rights (first-to-file system)

Vietnam is a strict first-to-file jurisdiction. The party who files first with IP Vietnam generally wins priority, regardless of who used the mark first elsewhere. If someone else files your mark before you, they may block your entry, force an expensive buyback, or threaten you with claims.

Easier enforcement

Registration is the foundation for customs recordal, administrative enforcement, civil actions, and online takedowns. It also deters many would-be infringers who check the register before adopting a mark.

Asset value and flexibility

A registered Vietnamese trademark can be licensed, franchised, assigned, or used as collateral. For companies using Vietnam as a manufacturing base or regional hub, local IP assets often matter in investor and M&A due diligence.

Public notice

Registration puts competitors, distributors, and potential infringers on notice that your rights exist and are enforceable in Vietnam.

Risk reduction in supply chains

For brands relying on Vietnamese factories or distributors, registration reduces the risk that a business partner, ex-employee, or local squatter will register "your" mark and hold you hostage when you scale.

Vietnam Trademark Registration: A Step-by-Step Guide for Foreign Companies

1) Conduct a clearance search

Before filing, search the Vietnamese trademark register for identical or confusingly similar marks in the relevant classes. Even though IP Vietnam will examine your application on relative grounds, a pre-filing search helps you:

• Identify obvious conflicts and crowded classes
• Decide whether to adjust your mark or goods/services
• Avoid throwing good money after bad on a mark that is clearly blocked

Professional searches are usually money well spent, especially if Vietnam is strategically important.

2) Pick the correct classes and define your goods/services

Vietnam follows the Nice Classification (45 classes: 1–34 for goods, 35–45 for services). Choosing the right classes and drafting tight specifications is critical:

• Too narrow, and you miss important products or future expansions
• Too broad or vague, and you invite objections or non-use attacks later

You should map both your current product/service line and realistic future plans in Vietnam, then build a class and specification strategy around that.

3) File the application

Trademark applications are filed with IP Vietnam. Foreign applicants without a permanent presence in Vietnam must appoint a local IP agent or attorney.

You will need:

• Applicant details (full legal name and address)
• A clear representation of the mark (word, logo, or combined mark)
• A list of goods/services by Nice class
• Priority claim details and supporting documents (if claiming Paris Convention priority)
• Power of Attorney for your Vietnamese representative (usually straightforward, but format matters)

Vietnam accepts multi-class applications, but each class attracts government fees. In some cases, splitting filings by class is strategically better; in others, a multi-class filing is more efficient.

4) Formal examination

IP Vietnam performs a formality check to confirm that:

• The forms and information are complete
• The mark and descriptions are presented correctly
• Fees are paid and classes are properly identified

If there are formal defects, you will receive a notice and a deadline to cure. If you do not respond in time, the application may be deemed withdrawn.

5) Publication and opposition

If the application passes formality examination, it is published in the Industrial Property Official Gazette.

At that point:

• Third parties have a fixed period (currently five months) to file opposition
• Even after that period, they can submit written opinions that examiners may consider

Oppositions can significantly slow the process and lead to hearings or settlement negotiations, so pre-filing searches and partner management (for example, with distributors) matter.

6) Substantive examination

Next, IP Vietnam examines the application on absolute and relative grounds. The examiner assesses whether:

• The mark is inherently distinctive (or has acquired distinctiveness)
• The mark is not generic, descriptive, deceptive, or contrary to public order or morality
• The mark is not identical or confusingly similar to earlier marks for similar goods/services

By law, substantive examination is supposed to be completed within about nine months, but in practice, a realistic range is nine to eighteen months, and sometimes longer in crowded classes or contested cases.

7) Registration

If the application passes substantive examination and any opposition is resolved, IP Vietnam issues a decision to grant protection. Once you pay the registration fee, a certificate of registration issues.

Key points:

• Term: 10 years from the filing date
• Renewal: Indefinitely, in 10-year increments
• Renewal timing: File within 6 months before expiry (with a grace period after expiry, subject to late fees)

Vietnam Trademark Costs and Timelines

Government fee schedules change, and legal fees vary, but foreign applicants should plan around the following:

• Filing and registration: Government fees are charged per class and per stage (filing, registration, and renewal).
• Timeline:
  • Uncontested applications: Often 18–24 months from filing to registration
  • Contested or opposed applications: Can run considerably longer

Because of the first-to-file rule and the relatively long examination timeline, it is rarely wise to "wait and see" before filing.

Key Considerations for Foreign Trademark Applicants in Vietnam

File early

Do not wait until you are "successful" in Vietnam to file. Early filing is your best defense against squatting and internal disputes with factories, agents, or distributors.

Decide on word mark vs. logo vs. both

Word marks typically give the broadest protection. Logos or composite marks may clear more easily in crowded fields, but are narrower. Many brand owners file both, staged over time.

Think about Vietnamese-language branding

If you plan to use a Vietnamese transliteration or translation of your brand name, protect that version as well. Vietnamese consumers may know your brand primarily through the local version, not the original English name.

Use the Paris Convention priority window

If you have already filed in your home jurisdiction, use the six-month Paris Convention priority period strategically to preserve your original filing date while you plan your Vietnam launch.

Plan for enforcement from day one

Registration is step one. Think about customs recordal, online marketplace monitoring, and administrative enforcement as part of your trademark strategy, not as afterthoughts.

How to Enforce a Trademark in Vietnam

Administrative actions

Administrative enforcement through market inspectors and other authorities is common and often faster and cheaper than full-blown civil litigation. Authorities can order seizure and destruction of infringing goods and impose fines.

Civil actions

Civil lawsuits can be used for more serious or complex matters, especially where you need damages, a court injunction, or a clear precedent. Courts increasingly understand IP issues, but proceedings can take time.

Customs recordal

After registration, you can record your mark with customs. Customs officers can then monitor imports and detain suspicious shipments, giving you a chance to block infringing products at the border.

Criminal enforcement

In serious counterfeiting cases, criminal enforcement may be available. This is typically reserved for large-scale, intentional infringement and often coordinated with administrative and civil steps.

Online enforcement

You can use your Vietnamese registration to support takedown requests on e-commerce platforms, domain disputes, and social media complaints targeting infringing accounts or listings.

Trademark "Use" in Vietnam: What Counts and Why It Matters

Vietnam does not require proof of use to file or register a trademark. However, a registered mark becomes vulnerable to non-use cancellation if it is not used for five consecutive years without legitimate reason.

Evidence of use can include:

• Invoices and sales records for goods/services in Vietnam
• Product packaging, labels, and catalogs
• Advertising and marketing materials (online and offline)
• Import/export documentation showing the mark used with goods entering Vietnam
• Screenshots of Vietnam-focused websites and marketplace listings

You do not need to flood the register with goods/services you never intend to use. Focus on realistic use and keep organized records from launch day forward.

Common Trademark Pitfalls in Vietnam

• Filing too late and discovering a distributor, squatter, or competitor has registered "your" mark
• Overly broad or vague specifications that trigger objections or make you vulnerable to non-use challenges
• Assuming that local use or foreign registrations automatically protect you (they do not)
• Misusing symbols—using ® in Vietnam before registration, or assuming " has legal effect
• Failing to appoint experienced local counsel, leading to avoidable formal defects or missed deadlines
• Ignoring the Official Gazette and missing conflicting third-party filings

Tips for a Strong Vietnam Trademark Strategy

• Run a professional clearance search before committing to a Vietnam brand strategy
• Register early, ideally before signing distribution or manufacturing agreements
• Consider filing both word and logo versions of your key marks
• Record your registered marks with customs as soon as practicable
• Monitor marketplaces, social media, and the trademark register regularly
• Maintain evidence of use to defend against non-use cancellation and support enforcement

Vietnam Trademarks: Frequently Asked Questions (FAQ)

Is Vietnam a first-to-file or first-to-use country for trademarks?

Vietnam is a first-to-file country. The party that files first with IP Vietnam generally has priority, regardless of who used the mark first elsewhere. Prior unregistered use might help in specific disputes, but you should not rely on it. Early filing is critical.

Can a foreign company register a trademark in Vietnam?

Yes. Foreign companies can register trademarks in Vietnam, but you must act through a local IP agent or attorney. You cannot file directly from overseas without local representation.

How long does it take to register a trademark in Vietnam?

In a smooth, uncontested case, you should plan on roughly 18–24 months from filing to registration. If there are office actions, oppositions, or other complications, it can take longer.

How long does a Vietnamese trademark last?

A registered Vietnamese trademark is valid for 10 years from the filing date and can be renewed indefinitely in 10-year increments. You should file renewal within six months before expiry; a post-expiry grace period is available with surcharges.

Can I file one application for multiple classes in Vietnam?

Yes. Vietnam allows multi-class applications, with fees charged per class. However, a problem in one class can delay the entire application, so in higher-risk situations it may be better to file separate single-class applications.

What documents are required to file a trademark in Vietnam?

Typically: applicant details (name and address), a clear mark specimen, a list of goods/services by Nice class, priority documents (if claiming priority), and a Power of Attorney for your local representative.

Do I need to use my trademark before registration?

No. Vietnam does not require prior use to file or register. But once your mark is registered, five consecutive years of non-use without legitimate reason can expose it to cancellation.

What counts as "use" of a trademark in Vietnam?

Use includes applying the mark to goods, packaging, business documents, advertising, or in connection with services offered in Vietnam, as well as importing goods bearing the mark. The key is genuine commercial use in the Vietnamese market.

Can I lose my Vietnamese trademark if I don't use it?

Yes. Any third party can file a non-use cancellation action if your mark has not been used for five straight years without legitimate reason. Keeping even modest, documented use is important.

Can I register a Vietnamese translation or transliteration of my brand?

Yes, and you should if you plan to market under a Vietnamese version of your brand name. Consumers may recognize and search for you primarily in Vietnamese, and protecting only the English version leaves a gap in your enforcement.

Can I use " and ® symbols in Vietnam?

You can use " at any time to indicate a claim to trademark rights. You should only use ® after the mark is actually registered in Vietnam. Using ® before registration can be treated as misleading and create legal risk.

Can I enforce my Vietnam trademark against online infringement and counterfeits?

Yes. Your registration can support online takedowns, domain name disputes, administrative actions, customs seizures, and civil litigation. The best approach usually combines several tools: customs recordal, marketplace monitoring, targeted actions against major infringers, and, where justified, court or administrative proceedings.

Should I register my logo or just the word mark in Vietnam?

Word marks generally give broader coverage (any stylization), but logos or combined marks can sometimes be easier to register in crowded fields. Many brand owners file both a core word mark and at least one key logo.

Can I license or assign my Vietnam trademark?

Yes. Trademarks can be licensed or assigned in Vietnam. For full legal effect against third parties, licenses and assignments should be recorded with IP Vietnam. Licensed use typically counts as use for maintaining the registration if quality control and documentation are handled properly.

Registering Trademarks in Vietnam: What You Need to Know

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.