Before launching a brand
Review the proposed name or logo before investing heavily in packaging, advertising, distribution or a Vietnam launch.
Trade mark registration service in Vietnam
Duong Tri Law helps businesses and individuals review a proposed name or logo, identify the goods and services to protect, prepare and file a Vietnamese trade mark application, monitor the application and respond to procedural issues within the agreed scope.
Plan protection before launch or expansion
When should you register a trade mark in Vietnam?
This service supports overseas brand owners, FDI companies and other businesses or individuals planning to protect a mark in Vietnam. We assess the sign, the intended applicant and the goods/services together before agreeing the search and filing scope.
Before expanding an existing brand
Check earlier Vietnamese rights, your existing filing position and the planned goods or services before expanding use or changing the identity.
Before franchising, licensing or investment
Confirm the owner, mark and coverage when the brand is to be licensed, franchised, distributed or included in an investment transaction.
When a similar sign appears
Review your registrations, applications and evidence of use before deciding whether an opposition, rights challenge or enforcement response is appropriate. Actual use alone does not settle every conflict.
Foreign registration is not automatic Vietnam protection. Review the Vietnamese national filing route or, where eligible, a Madrid designation of Vietnam. A company name, domain name or a registration elsewhere should not be treated as a substitute for checking trade mark protection in Vietnam.
Service scope
How the trade mark registration service works
Deliverables within the agreed scope: a preliminary search/risk summary where commissioned, the agreed mark and goods/services specification, the application and filing record, relevant notices/deadlines and the certificate where granted. We identify who handles official correspondence and what follow-up is included.
Separate work: a broader commissioned search, alternative mark filings, substantive refusal responses, opposition, appeal, invalidation, enforcement, Madrid work, assignments and licensing/franchise contracts are included only if expressly agreed. Grant remains the decision of the competent authority.
Search limits: public records may not reveal every pending right, use-based issue or recent filing. We consider the sign and relevant goods/services, including potentially similar forms where relevant. A preliminary search is neither a guarantee of registration nor a complete freedom-to-use opinion.
Ownership and lawful representation
Who should own and file the trade mark application?
Select the owner by its legal entitlement, actual business and intended brand ownership structure. The applicant may be a Vietnamese company, an overseas company or an individual, subject to the relevant right to register. A distributor, local subsidiary or individual should not be selected simply for administrative convenience without considering ownership and future transactions.
Article 89, as amended by Law 131/2025/QH15, distinguishes direct filing eligibility from mandatory local representation. Foreign individuals not permanently resident in Vietnam and foreign organisations or individuals without a production or business establishment in Vietnam file through a lawful representative in Vietnam. The actual applicant and its presence must be assessed; a group company’s Vietnamese subsidiary does not automatically settle the overseas owner’s route.
Filing representation: the entity accepting the industrial property filing mandate is Duong Tri Consulting Company Limited (Công ty TNHH Tư vấn Dương Trí), industrial property representative code 313. The engagement and written power of attorney identify the representative, applicant and authorised scope. The applicant remains the proposed trade mark owner.
Article 107 requires a written authorisation identifying the parties, scope, term, date and the principal’s signature/seal where applicable. We confirm the required form and signing arrangements before you arrange certification or send originals. Collective marks, certification marks, joint ownership and transferred filing rights require a separate checklist.
A tailored checklist before filing
What should an overseas applicant provide?
Mark specimen
The exact word, logo or combined sign to be filed, in usable quality and the form you intend to protect. Identify variants, colour choices and translations/transliterations that may need review.
Applicant identity
The intended owner’s full legal name, address, country and legal form, plus the relevant legal-status and signing-authority information. Keep these consistent with earlier filings and the authorisation.
Goods and services
Describe current products/services and realistic expansion. We prepare the proposed specification using the applicable classification. Class numbers alone do not define the whole scope; accurate descriptions matter.
Earlier rights and special facts
Tell us about earlier foreign/Vietnamese applications, priority claims, assignments, licences, disputes and existing use. Supply the first filing date promptly so any priority deadline and supporting evidence can be reviewed.
The filing package includes the current declaration, required mark material and specification, representation authorisation and any priority, entitlement, special-sign or collective/certification documents applicable to the case. We prepare the declaration and agreed specification from your confirmed instructions; you provide and sign the owner/authority documents required for the selected route.
The national application and procedural correspondence are in Vietnamese, subject to the permitted treatment of supporting foreign-language documents. We confirm translation and document-formality requirements under the current procedure rather than assume every foreign document needs the same legalisation process.
From review to result
How does the registration process proceed?
- Confirm the mark, owner and territory. Decide the national/Madrid route, priority position and ownership arrangement before committing to the filing.
- Search and define the scope. Assess public data within the agreed search scope, identify concerns and settle the goods/services specification and budget.
- Prepare and sign the application. Confirm the current form, exact specimen, owner details and authorisation, then file through the agreed lawful route.
- Monitor examination and notices. Track disclosure/publication, formality and substantive review, third-party matters and response deadlines. Any additional contested work is scoped before proceeding.
- Review the outcome and handover. Address the applicable grant-stage requirements, check the certificate where issued and record renewal/management actions. A filing receipt is not a certificate of registration.
Ordinary Vietnamese national filings are handled by the Intellectual Property Office of Vietnam under the applicable receiving arrangements. The IP Office form collection must be checked against Circular 10/2026/TT-BKHCN as amended by Circular 20/2026/TT-BKHCN. For an existing Madrid registration, tell us its number and status before assuming a new national filing is required.
Separate preparation, official examination and budget
How long does registration take, and what affects the cost?
Preparation depends on the agreed specimen, owner, class specification, authorisation and any priority material. We give a preparation estimate after reviewing those inputs. Authority examination, objections, third-party issues, amendments and grant-stage steps have their own timetable; there is no universal promised registration date.
Current statutory milestones
Under the framework effective from 1 April 2026, amended Article 110 provides for immediate public disclosure after receipt and official publication of a valid trade mark application within one month after it is considered valid. Amended Article 119 provides a five-month substantive examination period from publication; Article 112a gives a three-month opposition period from publication. These are distinct milestones, and the opposition period should not simply be added to the examination period as a separate guaranteed extension.
For an earlier application, the transitional rules matter: Law 131 Article 3 applies the new opposition and substantive-examination periods to applications published from its effective date. Requests, corrections, suspensions and other applicable procedural rules can affect the actual schedule. Accelerated examination is available only in prescribed cases; it is not a standard three-month grant promise.
A quotation matched to the filing
- Professional fees: search scope, number of marks/variants and classes, specification work, representation and the agreed monitoring/response work.
- Government charges: assessed against the applicable procedure, classes and goods/services using the schedule in force when the relevant step is performed.
- Additional costs: translations, documents, priority material, courier and VAT treatment as applicable.
- Separate contested or transactional work: substantive objections, opposition, appeals, enforcement, assignments and contracts unless expressly included.
The written estimate should identify the search, filing and monitoring scope, official charges, any later grant-stage charges and the treatment of additional work. We confirm the scope and quotation before you commit to the work.
Registration term
How long does a Vietnamese trade mark registration last?
A Vietnamese trade mark registration is generally effective from the date of grant until the end of ten years counted from the filing date and may be renewed for consecutive ten-year periods, subject to the applicable renewal procedure and fees.
Registration should be managed together with actual brand use, ownership changes and commercial agreements so the recorded rights remain useful to the business.
- Check the issued record: owner, specimen, classes and goods/services.
- Diary renewal: the ten-year term is counted from filing, not ten years after grant. Plan the renewal procedure and charges before expiry.
- Keep evidence of actual use: monitor use of the protected sign and goods/services, because non-use and changes to the mark can affect the rights position.
- Record changes and manage agreements: assess owner/address changes, assignments, licences and distribution/franchise arrangements; do not assume every agreement has the same recordal requirement.
- Respond to conflicts: retain evidence and obtain a case-specific review before sending allegations or commencing proceedings.
Intellectual property legal services and contract drafting/review can be scoped for follow-on work.
Questions before filing
Trade mark registration questions for international clients
Can an overseas company own the Vietnamese application?
Yes, subject to the applicable right to register. The owner should be selected for the actual business and brand structure. Foreign applicants without the relevant Vietnam presence use a lawful local representative under Article 89. The filing representative and mark owner are different roles.
Do a foreign registration and a Vietnamese company name protect the mark here?
They should not be treated as substitutes for Vietnam trade mark protection. Review a national application or an eligible Madrid designation, the goods/services and the status of any existing Vietnamese rights. Well-known marks and other rights can raise separate issues that require a specific assessment.
Must we search before filing, and does a clear search guarantee approval?
A search helps identify potentially conflicting rights and supports a filing decision. Public data has limitations, and the authority conducts its own examination. A favourable preliminary search does not guarantee registration or establish a complete freedom-to-use position.
Should we file the name, logo or both?
The choice depends on how the brand will be used, the distinctiveness of each element, commercial priorities and budget. Word and combined/logo forms can raise different protection questions. We review the actual specimens before proposing the filing scope; one form is not automatically sufficient for every use.
Why does the goods/services list affect the quotation?
Coverage is determined with the specification, not just the mark. The number of classes and goods/services, the wording and the search/representation scope affect work and official charges. We review current business and realistic expansion instead of promising every activity is covered by one class.
Is registration guaranteed within five months?
No. The five-month period in amended Article 119 concerns substantive examination from publication under the applicable framework. It is not the whole filing-to-grant period. Preparation, formality/publication, responses, suspensions, third-party issues and grant steps must be considered, together with transitional rules for earlier applications.
What if the IP Office issues an objection or another party opposes?
Review the notice and deadline immediately. We explain the response options and identify the work covered by the engagement. Substantive objections, opposition, appeal, invalidation and enforcement are separately scoped where needed. Do not ignore a notice while commercial negotiations continue.
How long does the registration last?
A Vietnamese national registration is effective from grant until the end of ten years from the filing date and may be renewed for consecutive ten-year terms under the applicable procedure and charges. Keep renewal dates, ownership details and evidence of use under review.
Can we use the Madrid System instead of a national filing?
It may be an option where the applicant has the required connection and basic application/registration in a Madrid member and seeks protection in Vietnam. Each designated office applies its domestic law. Tell us about any existing international registration; Madrid filing or refusal work is a separate agreed scope.
What should we send first?
Send the proposed mark, owner name/country, products/services, intended Vietnam launch and earlier filing dates or disputes. Identify any foreign registration or Madrid number. We can then define the search, filing route, documents, representation and quotation.
Current legal framework
Rules reviewed for trade mark filings in 2026
- Law 131/2025/QH15 — amendments to Vietnam’s Intellectual Property Law, effective from 1 April 2026.
- Circular 10/2026/TT-BKHCN — detailed implementing rules and forms, effective from 1 April 2026.
- Circular 20/2026/TT-BKHCN — amendments and simplifications affecting the implementing procedures and forms; check the provisions applicable to the step concerned.
The filing form, classification and supporting documents must be checked against the rules applicable to the procedure. WIPO explains the Madrid route and examination by each designated office; it does not provide automatic worldwide protection.
Start with the mark you want to protect
Discuss a trade mark filing in Vietnam
Send the name/logo, the proposed owner and a short description of the products or services. We can then discuss the search, filing scope and next steps.
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