TRADEMARK REGISTRATION IN VIETNAM 2026 – COMPREHENSIVE LEGAL GUIDANCE

30/01/2026
TRADEMARK REGISTRATION

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.

1. What Is a Trademark?

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.

2. Why Should Businesses Register a Trademark?

Trademark registration provides critical legal and commercial advantages, including:

  • Establishing exclusive ownership rights
  • Enhancing brand credibility and customer trust
  • Preventing confusingly similar marks in the market
  • Strengthening competitive positioning
  • Increasing enterprise value for investment, franchising, or M&A activities

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:

  • Forced rebranding
  • Product withdrawal
  • Loss of marketing investment
  • Lengthy legal disputes

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:

  • Defines the scope of protection
  • Impacts official fees
  • Helps prevent future disputes

Professional guidance is strongly recommended to ensure accurate classification and optimal legal coverage.

Trademark Application Dossier

A standard trademark application typically includes:

  • Trademark application form
  • Specimen of the trademark
  • List of goods and/or services
  • Power of attorney (if filed through an IP representative)
  • Proof of payment of official fees

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:

  1. Filing the Application

The application is submitted to the Intellectual Property Office of Vietnam along with the prescribed fees.

  1. Formality Examination

Authorities review the application to ensure compliance with formal requirements.

  1. Publication

Accepted applications are published in the Industrial Property Gazette.

  1. Substantive Examination

Examiners assess registrability, including distinctiveness and likelihood of confusion.

  1. Decision on Grant or Refusal

If the mark meets protection criteria, the Office will issue a notice of grant.

  1. Issuance of the Trademark Registration Certificate

Upon payment of granting fees, the certificate will be issued, establishing exclusive rights.

Expected Timeline

Approximate processing periods are as follows:

  • Formality examination: about 1 month
  • Publication: about 2 months
  • Substantive examination: around 9 months

Actual timelines may vary depending on application volume and case complexity.

Official Fees for Trademark Registration

Typical government fees include:

  • Filing fee: approximately VND 150,000
  • Publication fee: approximately VND 120,000
  • Substantive examination fee: approximately VND 550,000 per class

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:

  • Legal consultation on trademark protection
  • Comprehensive trademark searches
  • Advice on improving registrability
  • Preparation and filing of applications
  • Representation before IP Vietnam
  • Handling office actions, oppositions, and appeals
  • Strategic guidance for international trademark protection

Why Engage a Licensed Industrial Property Representative?

Working with a qualified representative offers substantial advantages:

  • Minimizes the risk of refusal
  • Optimizes the scope of protection
  • Saves time and internal resources
  • Ensures professional handling of legal issues
  • Provides proactive strategies for brand protection

For businesses entering the Vietnamese market, professional representation is particularly valuable in navigating local regulatory requirements.

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