Provided by A Dong Industrial Property Representative (License No. 078)
A trademark is an intangible asset of substantial commercial value. In many cases, a strong brand may be worth more than a company’s physical assets or annual revenue. Securing trademark protection is therefore not only a legal procedure but also a strategic investment in the long-term development of a business.
A Dong Industrial Property Representative (License No. 078), officially licensed by the Intellectual Property Office of Vietnam (IP Vietnam), provides comprehensive trademark registration services to help individuals and enterprises establish lawful ownership and protect their brands in an increasingly competitive marketplace.
Under Vietnamese intellectual property law, a trademark is any visible sign — such as letters, words, images, symbols, or a combination thereof — used to distinguish the goods or services of one entity from those of others in the marketplace.
The primary function of a trademark is to create brand recognition and enable consumers to identify the commercial origin of products or services.
Trademark registration provides critical legal and commercial advantages, including:
In practice, many businesses only recognize the importance of trademark protection once a dispute arises — at which point the financial and operational risks are significantly higher.
First-to-File Principle in Vietnam
Vietnam applies the “first-to-file” principle.
This means that trademark rights are generally granted to the party who files the application first, regardless of prior use in commerce.
Failing to register early may result in serious consequences, such as:
Early registration is the most effective way to safeguard your brand.
Requirements for Trademark Protection in Vietnam
To be eligible for protection, a trademark must satisfy several legal criteria:
Distinctiveness
The mark must be capable of distinguishing the applicant’s goods or services from those of others.
Visible Representation
It must be presented in the form of letters, words, images, symbols, or combinations, possibly in one or more colors.
Non-Confusing Similarity
The trademark must not be identical or confusingly similar to previously registered or pending marks.
Compliance with Public Order
Marks that violate social ethics, public order, or national symbols without authorization are not registrable.
Notably, a significant percentage of refusals result from insufficient pre-filing searches.
Trademark Classification Under the Nice Classification
Vietnam follows the Nice Classification system for categorizing goods and services.
Proper classification is essential because it:
Professional guidance is strongly recommended to ensure accurate classification and optimal legal coverage.
Trademark Application Dossier
A standard trademark application typically includes:
The application must clearly present all elements of the mark, including words, figurative elements, and colors (if protection is claimed).
Trademark Registration Procedure in Vietnam
The registration process generally involves the following stages:
The application is submitted to the Intellectual Property Office of Vietnam along with the prescribed fees.
Authorities review the application to ensure compliance with formal requirements.
Accepted applications are published in the Industrial Property Gazette.
Examiners assess registrability, including distinctiveness and likelihood of confusion.
If the mark meets protection criteria, the Office will issue a notice of grant.
Upon payment of granting fees, the certificate will be issued, establishing exclusive rights.
Expected Timeline
Approximate processing periods are as follows:
Actual timelines may vary depending on application volume and case complexity.
Official Fees for Trademark Registration
Typical government fees include:
Fees are regulated under Vietnamese financial regulations and may be subject to amendments.
Trademark Services by A Dong Industrial Property Representative
Engaging a licensed IP representative significantly reduces legal risks and administrative burdens.
A Dong provides:
Why Engage a Licensed Industrial Property Representative?
Working with a qualified representative offers substantial advantages:
For businesses entering the Vietnamese market, professional representation is particularly valuable in navigating local regulatory requirements.