How to Register a Trademark for Your Business in Vietnam

Trademark registration is an important step to protect the intellectual property and brand of a business. In Vietnam, trademark registration is conducted according to the regulations of the Intellectual Property Law.

Why Register a Trademark?

• Protect Ownership Rights: Prevents counterfeiting and unauthorized copying.
• Enhance Brand Value: A registered trademark increases the credibility and value of products or services.
• Expand Markets: Protects the brand across multiple countries.

Trademark Registration Process

Before preparing a trademark registration application, you should conduct a trademark search to check for identical or similar marks from other entities and assess whether your trademark is eligible for protection. You can search directly on the Intellectual Property Office’s website.

Registration Application Includes:

• Two Copies of the Application Form for Trademark Registration Certificate (Form No. 04-NH, Circular 01/2007/TT-BKHCN)
• Five Trademark Samples (each sample should fit within an 80mm x 80mm frame, and all samples must be presented in the exact colors for which protection is sought)
• Fee Receipt
• Certified Copy of Business Registration Certificate or ID card/passport/citizen ID card (for information to prepare the authorization letter and registration documents)
• Power of Attorney (if an individual or organization authorizes a representative to file the application)
• Additional Documents (if applicable):
  • Confirmation for the use of special symbols (if the mark includes symbols, flags, emblems of organizations or nations)
  • Document verifying the right to register
  • Document confirming the transfer of the right to register from another party
  • Priority documents (if requesting priority rights)

Submission Methods

In-Person Submission

Applicants can submit the application directly or via postal services to one of the following IP Office locations:

• Intellectual Property Office Headquarters: 386 Nguyen Trai, Thanh Xuan District, Hanoi
• Ho Chi Minh City Representative Office: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City
• Da Nang Representative Office: 3rd Floor, 135 Minh Mang, Khue My Ward, Ngu Hanh Son District, Da Nang City

Online Submission

Applicants need a digital certificate and digital signature, and must register an account on the IP Office’s online application system for transactions regarding personal ownership rights.

• First, applicants complete and submit the online trademark application. Once submitted, they will receive a confirmation slip for the online application.
• Within one month of online submission, applicants must visit one of the IP Office locations during business hours to present the confirmation slip, accompanying documents (if any), and pay the prescribed fees. The IP Office staff will then assign a file number to the application.
• If the applicant does not complete the application procedure, the online documents will be canceled, and a cancellation notice will be sent through the system.

Although online submission is available, it involves several steps, including a digital certificate or signature. Additionally, fees must be paid via bank transfer, which limits payment options. Therefore, businesses are often advised to submit applications directly or via postal services.

​​​​​​​Notes:

• For Individuals and Businesses in Vietnam:
  • You can submit a trademark registration application directly to the Intellectual Property Office.
  • Alternatively, you can file the application through intellectual property representative companies.
• For Foreign Individuals and Organizations (as outlined in Article 89 of the 2005 Intellectual Property Law):
  • ​​​​​​​Vietnamese organizations and individuals, foreign individuals residing in Vietnam, and foreign organizations or individuals with production or business establishments in Vietnam may file applications directly or through a lawful representative in Vietnam.
  • Foreign individuals not residing in Vietnam and foreign organizations or individuals without production or business establishments in Vietnam must file through a lawful representative in Vietnam.

Thus, foreign organizations and individuals, whether residing or not residing in Vietnam and whether or not they have production or business establishments in Vietnam, are eligible to register a trademark. However, foreign applicants must identify which category they fall under to determine the correct registration procedure.

Application Review Timeline: 

From the date of receipt by the Intellectual Property Office, trademark applications are processed as follows:

• Formal Examination: 1 month
• Application Publication: Within 2 months from the decision on formal acceptance of the application
• Substantive Examination: No more than 9 months from the date of publication

If the trademark application meets the protection requirements, the Intellectual Property Office will issue a registration certificate to the owner.

Issuance of Registration Certificate:

• If the application is approved, the Intellectual Property Office will issue a Trademark Registration Certificate.
• The certificate provides protection for 10 years and may be renewed.

Important Considerations During Trademark Registration:

• Trademark Design: Choose a unique, recognizable, and highly distinctive trademark compared to existing ones.
• List of Goods and Services: List all items accurately to ensure full protection.
• Timeline: The trademark registration process may take 12-18 months.
• Cost: Registration costs include filing fees, examination fees, and certification fees.

Trademark registration regulations may change over time. Therefore, it’s recommended to stay updated or consult intellectual property experts, such as those at Zora Consulting, to ensure a smooth and effective registration process.