Trademark Registration in Vietnam (2026): Complete Guide by A.D.V.N Law Firm

Trademark Registration in Vietnam (2026): Complete Guide by A.D.V.N Law Firm

Overview of Trademark Registration in Vietnam

• Competent authority: National Office of Intellectual Property of Vietnam
• Principle: First-to-file
• Processing time: Approximately 12–18 months (may be longer in practice)
• Term of protection: 10 years, renewable indefinitely

This means: the first applicant to file obtains the rights, regardless of prior use.

Required Documents for Trademark Registration

To file a trademark application in Vietnam, applicants must prepare:

• Trademark specimen (logo, word mark, or combination)
• List of goods/services (classified under the Nice Classification)
• Applicant information (individual or company details)
• Power of Attorney (if filed through an IP representative)
• Proof of payment of official fees

Important notes:

• Foreign applicants must file through a licensed IP representative in Vietnam
• Additional documents are required for collective or certification marks

Trademark Registration Procedure in Vietnam (6 Steps)

Step 1: Trademark Search (Highly Recommended)

Purpose:

• Assess registrability
• Identify identical or similar marks
• Minimize the risk of refusal

Two levels of search:

• Preliminary search (quick, indicative)
• In-depth search (more accurate and strategic)

Step 2: Filing the Application

The application is filed with the National Office of Intellectual Property of Vietnam (IPOVN).
From this point, the filing date (priority date) is established.

Step 3: Formality Examination (≈ 1 month)

The authority reviews:

• Completeness of documents
• Proper classification
• Validity of the trademark specimen

Outcomes:

• Acceptance as a valid application
• Request for amendment

Step 4: Publication of the Application (≈ 2 months)

• The application is published in the Industrial Property Gazette
• Third parties may monitor and file oppositions

Step 5: Substantive Examination (≈ 9 months)

This is the most critical stage:

• Assessment of distinctiveness
• Comparison with prior registered marks

Possible outcomes:

• Notice of intention to grant protection
• Refusal (with the right to respond and submit legal arguments)

Step 6: Grant of Trademark Registration Certificate

If approved:

• Payment of granting fees
• Issuance of the certificate within approximately 2–3 months

Conditions for Trademark Protection

A trademark must satisfy the following conditions:

✔ Distinctive and visible sign

• Words, letters, images, logos, or combinations
• Capable of graphical representation

✔ Distinctiveness

• Not descriptive of goods/services
• Not generic or commonly used signs

✔ No conflict with prior rights

• Not identical or confusingly similar to earlier marks
• No conflict with trade names, geographical indications, etc.

✔ Compliance with public order and morality

Benefits of Trademark Registration

Trademark registration is not merely a legal formality—it is a long-term business strategy:

Legal protection

• Exclusive ownership rights
• Legal basis for enforcement actions

Business value enhancement

• Transfer, licensing, or franchising opportunities
• Recognition as an intangible asset

Competitive advantage

• Builds credibility and brand recognition
• Facilitates partnerships and market expansion

Essential for e-commerce

• Required for brand verification and enforcement on online platforms

Important Notes Before Filing

• Conduct a trademark search before filing
• Incorrect classification may lead to delays or amendments
• Non-use for 5 consecutive years may result in cancellation
• Consider enhancing distinctiveness through design elements

Trademark Services by A.D.V.N Law Firm

With extensive experience in intellectual property law, A.D.V.N Law Firm provides comprehensive trademark services:

• Pre-filing assessment and legal advice
• Strategic trademark protection planning
• In-depth search and risk analysis
• Preparation and filing of applications
• Handling refusals, oppositions, and appeals
• Monitoring until certificate issuance

Clients do not need to deal directly with authorities—we handle the entire process on your behalf.

Conclusion

Trademark registration is an essential step for any business seeking sustainable growth and brand protection in Vietnam. A well-prepared application and proper legal strategy can significantly reduce risks, save time, and ensure long-term protection.