This guide outlines the trademark registration process in Vietnam for foreign companies, including key procedures, legal requirements and expected timelines.
Vietnam applies a strict first-to-file system. Priority generally belongs to the first applicant to file with the Intellectual Property Office of Vietnam, regardless of prior use elsewhere. If another party files your mark before you, they may prevent your market entry, demand a costly assignment, or assert legal claims against your business.
A registered trademark in Vietnam is a valuable business asset. It can be licensed, franchised, assigned, or used as collateral.
By working with a professional intellectual property law firm such as ANNAM IP & LAW, businesses receive full support throughout the registration process. This includes trademark searches, legal advice, filing, and monitoring during examination. With solid legal expertise and experience in complex matters, we help ensure applications are accurate and complete, while reducing legal risks.
Prior to filing, a clearance search of the Vietnamese trademark register should be conducted to assess the existence of identical or confusingly similar marks in the relevant classes.
Required information
• Trademark sample;
• The applicant’s name and address;
• The specification of goods and/or services;
The format (physical form or digital form) of the Certificate of Registration that the client wishes to obtain
Required document
• Power of Attorney (POA): An original simply signed POA (signed in wet ink) from the client shall be required. Notarization and legalization are not required.
IP Vietnam examines the application to determine its formal compliance with statutory requirements.
A formally accepted application is published in the Industrial Property Official Gazette.
IP Vietnam conducts a substantive examination to assess the trademark’s distinctiveness, legal compliance, and potential conflicts with earlier registered or filed trademarks.
If the application successfully passes substantive examination and any opposition has been resolved, the Intellectual Property Office of Vietnam (IP Vietnam) issues a decision granting trademark protection. After payment of the official registration fee, a Trademark Registration Certificate is issued.
• Term of protection: Ten (10) years from the filing date;
• Renewal: The registration may be renewed indefinitely for successive ten-year periods;
• Renewal deadline: A renewal request must be filed within six (06) months prior to the expiry date. A grace period is available after expiry, subject to late renewal fees.
Is Vietnam a first-to-file country?
Yes. Vietnam follows a strict first-to-file system. The first party to file with IP Vietnam generally has priority, regardless of prior use elsewhere.
Can foreign companies register trademarks in Vietnam?
Yes, but foreign applicants must file through a licensed Vietnamese IP agent or attorney.
How long does trademark registration take in Vietnam?
The time frame for registering a trademark in Vietnam is approximately 14-16 months from the filing date.
How long is a trademark valid?
A trademark is valid for 10 years from the filing date. The registration is renewable for successive 10 years period.
Is trademark use required before registration?
No. Prior use is not required. However, five consecutive years of non-use may result in cancellation.
What counts as trademark use in Vietnam?
Use includes applying the mark to goods, packaging, advertising, business documents, or services offered in Vietnam, including imports.
Can one application cover multiple classes?
Yes. Multi-class filings are allowed and the fee is charged per class, but issues in one class may delay the entire application.
Can ™ and ® be used in Vietnam?
™ may be used at any time. ® should only be used after registration.
Can trademarks be licensed or assigned?
Yes. Licenses and assignments should be recorded with IP Vietnam to be effective against third parties.
Registering a trademark in Vietnam is a critical step for protecting your brand, securing exclusive rights, and building long-term business value in the Vietnamese market. With Vietnam’s strict first-to-file system, timely and accurate filing is essential to avoid potential conflicts or legal disputes. Partnering with a trusted intellectual property law firm can make the process smoother, ensure compliance with local regulations, and reduce risks.
ANNAM IP & LAW, recognized as one of the Top 10 leading IP firms in Vietnam, offers comprehensive support throughout the entire trademark registration process. With extensive experience handling both domestic and international clients, ANNAM IP & LAW is a reliable partner for businesses seeking to protect and grow their brand in Vietnam.
If you have any questions regarding IP matters in Vietnam, please feel free to contact us at mail@annamlaw.com.vn and annamlaw@vnn.vn