In the context of Vietnam’s rapidly developing startup ecosystem, an increasing number of foreign investors are establishing startups in fields such as technology, e-commerce, F&B, education, and fintech. However, when bringing products or services to the market, registering a trademark is an essential step to protect intellectual property rights, prevent disputes, and create a foundation for sustainable brand development.

This article provides a basic guide on trademark registration procedures for startups owned by foreigners in Vietnam.

1. Why do foreign startups need to register a trademark in Vietnam?

Even if a company is legally established, rights to its brand name are not automatically protected unless registered with the National Office of Intellectual Property (NOIP). Registration provides:

• Exclusive use of the trademark in the registered class
• Prevention of competitors from registering or using similar marks
• Legal value for fundraising, transfer, or licensing of the brand
• Protection of intellectual property when expanding internationally

For startups seeking funding, the trademark is often one of the most valuable assets.

2. Who can register a trademark?

For a foreign-owned startup, one of the following entities may be chosen as the registrant:

Startups should choose the registrant according to their brand strategy and ownership structure.

3. Conditions for trademark protection

A trademark is accepted when it:

• Is distinctive, not identical or confusingly similar to existing marks
• Does not contain elements violating ethics, national flags, or emblems
• Does not infringe on well-known names or images without permission
• Does not directly describe the goods or services (e.g., “Coffee Shop”)

Before filing, preliminary and in-depth searches should be conducted to reduce the risk of refusal.

4. Trademark registration procedure in Vietnam

Step 1: Conduct a preliminary search

• Classify according to the Nice Classification (45 classes)
• Assess risk of duplication or similarity

Step 2: File application with the National Office of Intellectual Property

Application includes: application form, trademark sample, power of attorney (if registrant is a foreign individual), and list of classes.

Step 3: Formal examination

Check completeness and validity of the application

Step 4: Publication of application in the Intellectual Property Official Gazette

Step 5: Substantive examination

NOIP evaluates distinctiveness and legal compliance

Step 6: Issuance of trademark certificate

5. Processing time and validity

• 12 - 24 months depending on application complexity or opposition
• Validity: 10 years, renewable indefinitely in 10-year cycles

Startups should register early to prevent their brand from being taken over.

6. Notes when expanding to multiple countries

If a startup plans to operate outside Vietnam, consider:

• Registering through the Madrid System (WIPO) for international protection
• Registering separately in strategic markets (USA, EU, Singapore, etc.)
• Concurrent registration of domain names, logos, and slogans

This provides a legal shield for international scale-up strategies.

7. Common reasons for trademark refusal

• Descriptive names lacking distinctiveness
• Conflicts with previously registered trademarks
• Incorrect class registration
• Late filing after public use of the brand
• Incorrect registrant (especially for foreign-invested startups)

Trademark registration is not only a legal procedure but also a crucial step to ensure intellectual property rights, enhance brand value, and facilitate fundraising for foreign-owned startups. Proper registration from the early stages helps prevent disputes, protect interests, and support international expansion strategies.