Beginner’s Guide to Trademark Registration in Vietnam

I wonder what types of trademarks can be registered in Vietnam…?

In Vietnam, you can register trademarks made up of visible or audible signs — such as words, letters, logos, images, or even holograms — as long as they can distinguish your goods or services from those of competitors. That said, some types of newer trademarks, like a stand‑alone color, a scent, a taste, or animated (moving) marks, are not yet eligible for protection.

1. Getting Started

In this article, we’ll walk you through the key information you need to protect your trademark rights in Vietnam. We hope this guide will be a helpful reference as you look to safeguard your intellectual property in overseas markets.

Trademark Examination Period in Vietnam

Currently, it takes about 16 to 18 months from filing to registration of a trademark in Vietnam, as long as no objections or refusals are issued during examination.

2. Trademark Rights in Vietnam

Trademarks Eligible for Registration

In Vietnam, a trademark is essentially a sign that helps distinguish your products or services from those of other businesses.

You can register trademarks made up of visible elements — such as words, letters, logos, pictures, or holograms — and even certain sound marks if they can be represented graphically. The key requirement is that your mark must clearly set your goods or services apart from those of competitors.

However, Vietnam does not yet allow the registration of certain newer types of trademarks. For example, you cannot register a mark that is just a single color on its own (without letters or designs), nor can you register scents, tastes, or animated (moving) trademarks.

Special Types of Trademarks

• Collective Trademarks
• Certification Marks
• Associated Trademarks

From Application to Registration

Establishment of Rights: Registration Principle, First‑to‑File Principle

Duration of Protection

A trademark is valid for 10 years from the filing date, although protection starts from the registration date. The term can be renewed, indefinitely, every 10 years.

Classification of Goods and Services

Vietnam adopts a multi‑class application system and uses the international Nice classification (34 classes for goods and 11 classes for services).

Documents Required for Filing

• Application form
• Trademark specimen
• Power of attorney
• Priority certificate (if claiming priority)

Examination Process

The examination is conducted in two stages: formal examination and substantive examination.

In the formal examination, the formality of the application documents is reviewed. In the substantive examination, compliance with the legal requirements for registration is examined.

Publication of Application

Once the application passes the formal examination, it will be published in the official gazette within two months from the date of the notice of acceptance.

Opposition

Any third party may file an opposition within five months from the date of publication of the application.

Trademark Trial System

• Appeal against Refusal
• Invalidation Trial
• Non‑Use Cancellation Trial (If a registered trademark is not used for 5 consecutive years, any party may request cancellation. Cancellation can be partial – targeting only the goods or services that are unused.)

3. Trademark Infringement

Trademark infringement means engaging in the following kinds of activities:

• Using a sign identical to a registered trademark for the goods or services identical to those designated under the registration without the permission of the trademark owner.
• Using a sign identical or similar to a registered trademark for the goods or services that are identical, similar or otherwise related to those designated under the registration, provided such use is likely to cause confusion regarding the origin of the goods or services.

4. Major International Treaties Vietnam Has Joined

• Paris Convention: Member
• WTO/TRIPS Agreement: Member
• Trademark Law Treaty: Not a member
• Madrid Protocol: Member
• Nice Agreement: Not a member (however, Vietnam applies the International Classification)

5. Conclusion

That’s a quick look at the essentials of trademark protection in Vietnam.

To secure your rights, it’s important to understand the steps from filing to registration and follow the proper procedures. For more detailed guidance, feel free to consult with one of our trademark specialists.

You can also explore information on trademark systems in other countries on the “Foreign Trademark System” tag of the Amazing DX Trademark Guide.