Duong Tri Law advises businesses on establishing, managing, commercialising and protecting rights in trade marks, creative works, software and industrial designs. We start with the asset, ownership evidence, territories and commercial objective before defining the legal work. Overseas businesses should identify the actual applicant/right-holder and the Vietnam representation arrangements early.
INTELLECTUAL PROPERTY SERVICES
The proposed scope depends on the asset, existing rights, evidence and business plan. We agree the advice, documents, application or enforcement support required and identify the client’s responsibilities. Registration, commercial contracting and enforcement are different workstreams; no universal all-inclusive package or guaranteed right is implied.
WORKING TOGETHER
The process is tailored to the type of asset, ownership position, status of use/disclosure or registration, target markets and intended transaction. The client confirms the facts and provides the supporting records needed for the agreed work.
Identify the asset, creators and relevant entities, available records, countries of use and desired result. State any filing, launch, disclosure or response deadline at the outset.
Assess ownership, current registrations/applications, proposed scope and issues needing resolution before filing or enforcement. An initial search or review cannot guarantee registration or exclude every third-party claim.
Confirm the advice, draft documents, application or response materials to be delivered; the filing/representation entity, authority and language; timing dependencies and professional fee. Official charges, translation/formalities and third-party costs are identified separately.
Prepare the agreed records, coordinate client confirmation and authorised filing, and update the client on correspondence. Hand over the result/filing record and relevant management dates. Further responses, renewals, recordals, overseas filings or enforcement are scoped separately unless included.
Legal framework
Further reading is available in the Vietnamese IP article library and Vietnamese trade mark procedure guides. For a trade mark engagement, use the dedicated English service linked above.
The relevant asset, filing date and any transitional provision determine which requirements and forms apply. A later consolidated text does not create one shared procedure for every type of IP.
APPLICATION PRINCIPLE
Trade marks, industrial designs, copyright and infringement responses have different legal tests, forms and evidence requirements. Commercial agreements should also reflect the actual rights and ownership chain.
PRIMARY LEGISLATION
Amends the Intellectual Property Law with effect from 1 April 2026. Review the applicable provision and transition for the actual right and filing.
Law 131/2025 — official source
INDUSTRIAL PROPERTY
Read with the applicable 2026 amendments, including Decrees 15/2026, 33/2026 and 100/2026. The latter took effect on 1 April 2026; use the current procedure for the actual application.
Decree 100/2026 — official source
COPYRIGHT AND RELATED RIGHTS
Amended by Decree 134/2026/ND-CP, effective 9 April 2026. Copyright dossiers and representation require their own review.
Decree 134/2026 — official source
CONSOLIDATED IMPLEMENTING TEXT
Consolidates the implementing circular on industrial property following the relevant 2026 amendments. Read it with the underlying law/decrees and the procedure applicable to the filing.
Consolidated text 06 — official source
RIGHTS AND COMMERCIAL USE
A filing is one part of managing an intellectual asset. The plan should match the product, territory, ownership structure and intended commercial use. Industrial-property representation is performed through Công ty TNHH Tư vấn Dương Trí, representative code 313, under the agreed authorisation; the engagement identifies the responsible entity and work.
Review creation records, employment/development arrangements, collaboration, assignments and licences. Do not assume that a group company, purchaser or commissioner automatically owns every relevant right.
Identify the subject matter, goods/services or design, territory and intended use that need priority. Rights in Vietnam do not automatically provide worldwide protection.
Maintain a record of filing dates, correspondence, requests and agreed responses. Client confirmation and missing evidence affect progress; authority processing differs by procedure.
Retain documents and monitor relevant renewal/maintenance, use, recordal and ownership-change issues. Ongoing portfolio management and future proceedings are included only within the agreed scope.
FREQUENTLY ASKED QUESTIONS
The appropriate plan depends on the asset, ownership, use/disclosure history, existing rights and countries concerned. These answers support a scoped discussion; they do not establish registrability or infringement in a particular case.
A trade mark concerns a sign distinguishing goods/services; copyright concerns qualifying creative expression such as works or software. The same branding or product can raise different rights. Identify the actual material and commercial use before deciding which route or combination should be reviewed.
Review who created the asset, relevant employment/development/collaboration agreements, assignments, investment arrangements and the intended exploitation. The applicant should have the required legal basis for the right claimed. Foreign-group structures and creator/owner differences should be resolved before drafting the application.
Not automatically. Identify the target territories and review the appropriate national or international filing route for each. Overseas filings, foreign-law opinions and foreign-agent work require a separate scope unless expressly included.
Depending on the right and its status, an assignment, licence or commercial collaboration may be possible subject to the applicable conditions and any required recordal. Review ownership, permitted uses, territory, duration, quality/confidentiality arrangements and enforcement responsibilities. Contract drafting is a separate deliverable unless included.
Preserve the relevant records and evidence, check the rights and authority to act, and identify the desired outcome before contacting the other party or selecting proceedings. The response depends on the facts, rights and procedural route. Investigation, expert assessment, litigation and authority action need their own scope and budget; success is not guaranteed.
