Trademarks in Vietnam

Competent Authority

Trademark registration in Vietnam is administered by the Intellectual Property Office of Vietnam (IP Vietnam), formerly known as NOIP, operating under the Ministry of Science and Technology and headquartered in Hanoi (with representative offices in Ho Chi Minh City and Da Nang). The official working language is Vietnamese, and the system is national.

International Agreements

Vietnam is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. Vietnam is also a contracting party to the Madrid Protocol, allowing international trademark registrations to designate Vietnam through the Madrid System.

Who May Apply

Natural persons and legal entities engaging in commercial or industrial activities may apply. Foreign applicants without a domicile, residence, or active commercial establishment in Vietnam are legally required to act through a licensed local industrial property representation organization. A signed Power of Attorney (POA) is required, which under standard administrative rules does not necessitate notarization or consular legalization.

Online Filing and Search

Electronic filings, document tracking, and portfolio management are supported through IP Vietnam’s online public service portal. Preliminary availability and clearance searches of the national trademark database can be conducted via the online search portal or through local representatives.

Registrable Sign Types

Trademarks may comprise words, letters, numerals, figurative devices, 3D shapes, and color combinations capable of distinguishing goods or services. Non-Vietnamese characters or foreign words require accurate Vietnamese translations and transliterations. Specification items must be carefully defined, as broad or vague class headings face strict examination hurdles.

Classification

Vietnam follows the international Nice Classification system for the registration of goods and services. Multi-class applications are fully supported, allowing a single application to cover multiple classes subject to class-specific fee calculations.

Examination

IP Vietnam conducts a sequential examination process:

• Formality Examination: Evaluates application completeness, classification, and applicant eligibility (typically taking 1 to 2 months).
• Publication Phase: Applications approved on formality are published in the Industrial Property Official Gazette.
• Substantive Examination: Evaluates absolute grounds for refusal (such as distinctiveness) and relative grounds (conflicts with prior registered or pending marks). Applicants are given statutory deadlines to respond in writing to any issued office actions or provisional refusals.

Publication and Opposition

Following formality approval, applications are published in the Industrial Property Official Gazette. Any interested third party may file a formal written opposition or observation against the application within a statutory window of 5 months from the publication date.

Timelines

An unopposed standard trademark application typically takes an average of 12 to 18 months from initial filing to final registration certificate issuance, largely driven by substantive examination backlogs at the office.

Official Fees

Official state fees are denominated in Vietnamese Dong (VND) under statutory schedules covering baseline application filing, publication, substantive examination, and final certificate issuance fees per class.

Protection Duration and Renewal

Trademark protection is valid for 10 years starting from the official application filing date. Registrations can be renewed indefinitely for successive 10-year periods upon submitting a renewal request within the final 6 months prior to expiration, backed by a 6-month grace period subject to late surcharges.

Use Requirements

A registered trademark is vulnerable to cancellation or non-use revocation actions if it has not been put to genuine commercial use by the owner (or a authorized licensee) for a continuous period of 5 consecutive years prior to a third-party cancellation request. Vietnam operates strictly on a first-to-file priority framework.

Post-Registration Procedures

Post-registration modifications—including assignments, licensing agreements, changes of registrant name, or changes of address—must be formally recorded with IP Vietnam to ensure full legal validity and enforceability against third parties. License agreements must be registered to be effective against third parties.

Legal Remedies

Legal remedies include administrative cancellation and invalidation proceedings before IP Vietnam, civil infringement litigation before competent people's courts seeking injunctions and damages, and border enforcement measures implemented via customs recordals to intercept counterfeit imports.

Country-Specific Risks and Practical Notes

Because IP Vietnam's substantive examination stage features an extended backlog (often taking over a year) alongside a broad 5-month third-party opposition window following publication, foreign applicants must maintain active monitoring and retain local representation early to respond promptly to office actions.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.