How to Register a Trademark in Vietnam (2026 Complete Guide for Businesses)

Introduction

Vietnam’s rapid economic growth and increasing integration into global trade have made it an attractive destination for both domestic entrepreneurs and foreign investors. In such a competitive environment, brand identity is one of the most valuable assets a business can own. Without proper protection, however, that asset can be easily copied, diluted, or even legally claimed by another party.

Trademark registration is therefore not merely a procedural formality—it is a strategic move that safeguards your brand, enhances your credibility, and strengthens your market position. In Vietnam, trademarks are governed primarily by the Law on Intellectual Property, as amended in 2022 and effective from 2023, which introduced several important updates aligning Vietnam more closely with international standards.

The authority responsible for handling trademark matters is the Vietnam National Office of Intellectual Property, which operates under the Ministry of Science and Technology. Understanding how this system works is essential for any business seeking to operate securely and sustainably in Vietnam.

What Can Be Trademarked Under Vietnamese Law?

Vietnamese law adopts a relatively flexible and modern approach to what can be protected as a trademark. In essence, a trademark is any visible sign capable of distinguishing the goods or services of one entity from those of others. This includes not only traditional word marks and logos, but also more complex combinations of letters, numbers, shapes, and colors.

However, not everything that can be visually represented is eligible for protection. The key requirement is distinctiveness. A mark must be capable of identifying the commercial origin of goods or services, rather than merely describing them. For example, a term that directly describes the quality, function, or origin of a product will generally not be accepted unless it has acquired distinctiveness through extensive use.

Vietnam also recognizes several special types of trademarks, including collective trademarks and certification marks. These are often used by associations or organizations to indicate membership or compliance with certain standards. While they offer valuable protection, they also come with stricter documentation requirements and regulatory oversight.

At the same time, the law clearly excludes certain categories from protection. Signs that are misleading, contrary to public morality, or identical to national symbols are prohibited. Likewise, marks that are confusingly similar to existing registered or well-known trademarks are likely to be refused.

Ways for Foreign Applicants to Register Trademarks in Vietnam

Foreign businesses looking to protect their trademarks in Vietnam generally have two main options. The choice between them depends on the applicant’s broader business strategy, the number of jurisdictions involved, and the level of control desired over the process.

The first option is to file directly with the Vietnam National Office of Intellectual Property. Under Vietnamese regulations, foreign applicants who do not have a commercial presence in Vietnam are required to file through a licensed local intellectual property representative. This ensures that all procedural and language requirements are properly handled. Direct filing is often preferred when Vietnam is a primary market, as it allows for a more tailored and responsive approach.

The second option is to use the Madrid System, administered by the World Intellectual Property Organization. This system enables applicants to file a single international application and designate multiple countries, including Vietnam. For companies expanding into several markets simultaneously, this can be a cost-effective and streamlined solution. However, it also requires careful coordination with the base application and compliance with international procedures.

Documents Required for Trademark Registration

Preparing a trademark application in Vietnam requires attention to detail, as incomplete or inconsistent documentation can lead to delays or rejection. The core documents include the application form, a clear representation of the trademark, and a list of goods or services for which protection is sought. These goods and services must be classified according to the Nice Classification, which is an internationally recognized system.

In addition, applicants must provide a Power of Attorney if they are filing through a representative, as well as proof of payment of official fees. In cases where priority rights are claimed, supporting documents proving the earlier filing must also be submitted within the prescribed timeframe.

For certain types of trademarks, such as collective or certification marks, additional documents are required. These may include regulations governing the use of the mark, criteria for membership, and mechanisms for quality control. Such requirements reflect the broader public interest considerations associated with these types of marks.

Methods of Filing Application

Trademark applications in Vietnam can be submitted either in paper form or through the online system of the NOIP. While online filing has been introduced as part of Vietnam’s digital transformation efforts, in practice, many applicants—especially foreign ones—still rely on traditional filing methods through local agents.

Paper filing involves submitting the application directly or by post to the NOIP offices located in major cities such as Hanoi, Da Nang, and Ho Chi Minh City. Online filing, on the other hand, offers greater convenience and efficiency, but requires familiarity with the system and compliance with specific technical requirements.

What Is the Procedure of Trademark Registration in Vietnam?

The trademark registration process in Vietnam is structured into several stages, each with its own purpose and timeline. While the official duration is often cited as 13 to 18 months, actual processing times may be longer depending on the complexity of the application and the workload of the NOIP.

The process typically begins with a trademark search. Although not mandatory, this step is strongly recommended as it helps identify potential conflicts with existing trademarks. A well-conducted search can significantly reduce the risk of refusal and save both time and cost in the long run.

Once the application is filed, it undergoes a formality examination. During this stage, the NOIP checks whether the application meets all procedural requirements. If the application is deemed valid, it is accepted and proceeds to publication in the Industrial Property Gazette. This publication allows third parties to review the application and file oppositions if they believe their rights are affected.

The most critical stage is the substantive examination, where the NOIP evaluates the trademark’s eligibility for protection. This includes assessing its distinctiveness and determining whether it conflicts with prior rights. If the application passes this stage, the NOIP issues a decision granting protection, and the trademark is officially registered.

Fees and Charges for Trademark Registration

The cost of registering a trademark in Vietnam is relatively moderate compared to many other jurisdictions. Official fees are determined by the number of classes and the complexity of the application. While the government fees themselves are not excessively high, applicants should also consider professional service fees if they engage an IP agent.

Additional costs may arise if the application requires amendments, responses to office actions, or other procedural steps. Therefore, it is important to plan the budget carefully and anticipate potential contingencies.

Time Limit for Processing Trademark Registration Applications

Although the law provides indicative timelines for each stage of the process, delays are not uncommon in practice. Factors such as the number of pending applications, the complexity of the mark, and the presence of oppositions can all affect the overall duration.

As a result, businesses should adopt a forward-looking approach and file their trademark applications as early as possible, ideally before entering the Vietnamese market.

Validity of a Vietnam Trademark Registration Certificate

Once a trademark is registered, it enjoys protection for a period of ten years from the filing date. This protection can be renewed indefinitely for successive ten-year periods, provided that renewal fees are paid in a timely manner.

This long-term protection makes trademark registration a valuable investment, particularly for businesses with long-term growth plans in Vietnam.

Important Notes When Filing a Trademark Application

One of the most critical aspects of trademark registration is the selection and classification of goods and services. Vietnam follows the Nice Classification system, but local practice may interpret certain terms more strictly than in other jurisdictions. Therefore, it is important to ensure that the descriptions are both accurate and appropriately scoped.

For collective and certification marks, applicants must also pay close attention to the regulatory framework governing their use. Failure to comply with these requirements can result in refusal or invalidation of the trademark.

Regulations on Priority Rights

Vietnam recognizes priority rights in accordance with international treaties such as the Paris Convention. This allows applicants to claim the filing date of an earlier application in another member country, provided that certain conditions are met.

To benefit from priority rights, the applicant must file in Vietnam within six months from the date of the first application. The claim must be clearly stated in the application, and supporting documents must be submitted within the required timeframe. Additional fees are also applicable.

Trademark Registration Through the Madrid System

The Madrid System, administered by the World Intellectual Property Organization, offers a centralized mechanism for obtaining trademark protection in multiple jurisdictions. Vietnam’s participation in this system provides significant advantages for both foreign and domestic applicants.

For Vietnamese businesses seeking to expand internationally, the system allows them to file a single application through the NOIP and designate multiple countries. For foreign applicants, it provides a streamlined route to secure protection in Vietnam without the need for separate national filings.

Reasons Trademarks Are Often Refused in Vietnam

Trademark refusals in Vietnam are often linked to issues of distinctiveness and similarity. Marks that are too descriptive or commonly used in the relevant industry are unlikely to be accepted. Similarly, marks that resemble existing trademarks, even if not identical, may be rejected due to the risk of consumer confusion.

Vietnamese examiners tend to apply a cautious approach when assessing similarity, which means that even minor overlaps can lead to objections. This makes pre-filing searches and strategic planning particularly important.

Responding to a Refusal

A refusal is not necessarily the end of the road. Applicants have the opportunity to respond to office actions and present arguments or evidence in support of their application.

One possible approach is to obtain a Letter of Consent from the owner of a conflicting trademark. While this is not always accepted, it can be persuasive in certain cases. Another option is to amend the application by narrowing the list of goods or services or dividing the application into separate filings.

FAQs

Can Foreign Individuals or Companies Register a Trademark in Vietnam?

Yes. Foreign individuals and companies are legally permitted to register trademarks in Vietnam. However, under current regulations, if they do not have a commercial presence in Vietnam (such as a subsidiary, branch, or representative office), they are required to file their application through a licensed intellectual property agent in Vietnam.

In practice, most foreign applicants work with local representatives to ensure compliance with procedural requirements, language rules, and communication with the Vietnam National Office of Intellectual Property. This is particularly important when responding to office actions or handling oppositions during the examination process.

Who Can Register a Trademark in Vietnam?

Vietnamese law adopts a broad approach regarding eligibility. Any individual or organization—whether domestic or foreign—has the right to register a trademark, provided that they are the lawful owner of the mark and are using or intend to use it in commerce.

This includes:

• Businesses and corporations
• Individual entrepreneurs
• Non-profit organizations
• Associations (in the case of collective marks)

The applicant must ensure that the trademark is not infringing upon existing rights and meets all legal requirements for protection, particularly in terms of distinctiveness and non-conflict.

Can One Application Cover Multiple Classes of Goods and Services?

Yes. Vietnam allows multi-class trademark applications, meaning that a single application can cover multiple classes of goods and services under the Nice Classification system.

This approach offers efficiency in terms of administration and filing, as applicants do not need to submit separate applications for each class. However, it is important to note that official fees will increase depending on the number of classes included. Additionally, if one class faces refusal, it may affect the overall timeline of the application unless the applicant chooses to divide it.

For strategic purposes, some applicants prefer to file separate applications for key classes to reduce risk and increase flexibility during the examination process.

What Are the Consequences of Trademark Infringement in Vietnam?

Trademark infringement in Vietnam can lead to serious legal and financial consequences. The enforcement framework provides several mechanisms to protect trademark owners, including administrative, civil, and criminal remedies.

Administrative actions are the most commonly used and may involve fines, confiscation of infringing goods, and suspension of business activities. Civil actions allow the trademark owner to seek damages and request the court to order the cessation of infringing acts.

In more severe cases, particularly those involving large-scale counterfeiting or significant harm, criminal liability may be imposed. This can result in substantial fines or even imprisonment for individuals involved.

Given these risks, businesses operating in Vietnam are strongly advised to conduct proper trademark registration and monitoring to avoid both infringement and potential disputes.

Conclusion

Registering a trademark in Vietnam is a critical step for any business seeking to build and protect its brand in this rapidly growing market. While the legal framework is increasingly aligned with international standards, the practical realities of the registration process require careful navigation.

Whether filing directly with the Vietnam National Office of Intellectual Property or through the Madrid System administered by the World Intellectual Property Organization, businesses should approach trademark registration as a long-term investment. With proper planning, professional guidance, and a clear understanding of the legal landscape, securing trademark protection in Vietnam can provide a strong foundation for sustainable growth and success.