In Vietnam, trademarks must be registered with the Intellectual Property Office of Vietnam (IP Vietnam/NOIP). To avoid delays or refusals, applicants should make sure that all filing requirements are properly met before submission.
What is a trademark in Vietnam?
Under Vietnam’s Intellectual Property Law, a “mark” is defined as any sign used to distinguish the goods or services of different organizations or individuals. In practice, this means that a trademark can take many forms — such as words or names, logos or symbols, letters or numbers, combinations of colors and designs, or even slogans — all serving the purpose of helping consumers identify the source of a product or service and differentiate it from competitors.
How to file a trademark in Vietnam?
In Vietnam, trademark rights are obtained only through registration with the Intellectual Property Office of Vietnam (IP Vietnam/NOIP). As Vietnam follows a first-to-file system, the first party to file an application will generally have priority over others, regardless of prior use.
Although the use of an unregistered mark is legally permitted, it does not establish enforceable rights and may still risk infringing third-party registrations. For this reason, it is highly recommended that businesses register their trademarks early to secure protection and avoid disputes.
To file a trademark application in Vietnam, the applicantion must include:
1. Information
- Applicant details (name, address, nationality/legal entity).
- A clear representation of the mark (with colors if protection is claimed).
- A list of goods and services, classified under the Nice Classification.
- For collective or certification marks: rules of use, explanation of quality/characteristics, and map of the relevant territory if geographical origin is involved.
2. Documents
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Application form in Vietnamese.
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Priority documents (if claiming priority).
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Power of Attorney
To initiate the process of filing a trademark in Vietnam Click Here.
Check out how to file a patent in Vietnam.
How is the process of a Trademark in Vietnam?
Trademark availability search
Although a pre-filing trademark search is not mandatory, it is highly recommended, as availability searches greatly reduce the risk of objections or oppositions during the registration process.
After filing, trademark applications in Vietnam follow these steps:
Formality Examination
The Intellectual Property Office of Vietnam (IP Vietnam/NOIP) checks whether the application complies with all formal requirements. This includes verifying accurate applicant details, a proper representation of the mark (with colors if claimed), the list of goods and services classified under the Nice Classification, and payment of the prescribed fees. The formality examination usually takes about 1 month.
Publication
A trademark registration application shall be published within 02 months after it is accepted as a valid application. From this point, third parties may review the application and prepare to oppose it if they believe it conflicts with their rights.
Substantive Examination
Once the application passes the formality check and is published, it undergoes substantive examination. Here, the examiner assesses whether the mark meets the substantive requirements of Vietnamese trademark law, including: distinctiveness of the sign, absence of prohibited elements and no conflict with earlier registered or applied trademarks.
Office Actions and Deadlines
If the application does not comply with the law, IP Vietnam will issue an office action requesting amendments or clarifications. The applicant must respond and correct the deficiencies within the prescribed deadline; otherwise, the application will be considered withdrawn.
Registration and Renewal
In Vietnam, a trademark registration is valid for 10 years from the filing date. The validity can be renewed indefinitely, in successive periods of 10 years, for all or part of the goods and services covered.
To maintain protection, the trademark owner must file a renewal request and pay the renewal fee within the six months prior to expiration. Late renewal is possible for up to six months after the expiry date, subject to an additional monthly surcharg
Duration of the procedure:
If you file a complete trademark application in Vietnam and no oppositions or examiner objections arise, registration may be granted within 12 to 15 months from the filing date. However, if oppositions are filed or the examiner raises formalities or substantive objections, the process can extend significantly—often taking 18 months or more—and may ultimately conclude with either the registration being granted or refused.
International treaties
Vietnam is a member of several major international treaties and conventions, including:
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the Paris Convention for the Protection of Industrial Property;
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the Nice Agreement Concerning the International Classification of Goods and Services;
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the Madrid Agreement and the Madrid Protocol for the International Registration of Marks; and
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the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Representation by a trademark attorney
For foreign applicants, trademark prosecution in Vietnam must be carried out through a locally registered trademark attorney or agent.
Goytia & Associates has local offices in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
This content may suffer modifications due to updates in the official regulations of Vietnam.
