Procedures for Registering Foreign Trademarks in Vietnam

3 Tháng 3, 2026 13 Views

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Registration of Foreign Trademarks is a crucial step for international organizations and individuals seeking to enter and expand their market presence in Vietnam. To protect their legitimate rights, businesses must execute trademark registration procedures at the Intellectual Property Office of Vietnam (IP Vietnam), ensuring their trademarks are not infringed upon and can robustly develop in this market.

Below is a comprehensive analysis of the procedures, conditions, dossiers, and processes for registering foreign trademarks in Vietnam.

Legal Basis

The registration of foreign trademarks in Vietnam is governed by the following legal documents:

Law on Intellectual Property No. 50/2005/QH11 promulgated on November 29, 2005, amended and supplemented by Law No. 36/2009/QH12 on June 19, 2009.
Circular No. 16/2016/TT-BKHCN dated June 30, 2016, of the Ministry of Science and Technology, detailing guidelines on industrial property registration procedures.
Circular No. 263/2016/TT-BTC dated November 14, 2016, of the Ministry of Finance, regulating the rates, collection, and use of industrial property fees and charges.
Decision No. 3675/QD-BKHCN of the Ministry of Science and Technology, effective December 25, 2017, providing specific guidance on the components of trademark registration dossiers.

Conditions for Trademark Protection Registration for Foreign Individuals and Organizations

Under Article 89 of the Intellectual Property Law, the right of foreign organizations and individuals to file trademark registration applications in Vietnam is regulated on a case-by-case basis as follows:

Foreign organizations and individuals that have production or business establishments in Vietnam, or foreign individuals permanently residing in Vietnam, may file applications directly with IP Vietnam or through a licensed industrial property representation organization (IP Agent) in Vietnam.
Foreign organizations and individuals that do not have production/business establishments or do not permanently reside in Vietnam are mandatory required to file their registration applications through an industrial property representation organization recognized by Vietnamese law.
For organizations and individuals from member states of the Madrid Agreement or the Madrid Protocol, they may opt to file a trademark registration application designating Vietnam through the international registration system administered by the World Intellectual Property Organization (WIPO).

Components of a Foreign Trademark Registration Dossier in Vietnam

Pursuant to Decision 3675/QD-BKHCN, the dossier components for foreign organizations and individuals are fundamentally similar to those for domestic applicants and include:

A Trademark Registration Declaration formulated according to the template issued by IP Vietnam (02 copies).
Trademark specimens (05 copies, minimum size of 2x2cm and maximum not exceeding 8x8cm).
A list of goods or services bearing the trademark, classified according to the International Classification of Goods and Services (Nice Classification).
Receipts/documents proving the payment of prescribed fees and charges.
A Power of Attorney (POA) granted to the industrial property representation organization, if the application is filed through an agent.
Documents proving priority rights (if claiming priority under the Paris Convention).

If the trademark is a collective mark or a certification mark, the dossier must additionally include:

Regulations on the use of the collective or certification mark.
A detailed description of the characteristics and quality of the product (if any).
A map of the geographical area (for trademarks related to geographical origins).
A document permitting the use of a geographical name in the trademark, if the trademark contains elements indicating geographical indications or administrative place names.

Note: The entire dossier must be compiled in Vietnamese. Any original documents in a foreign language must be translated into Vietnamese and notarized/certified in accordance with regulations.

Procedure for Registering Foreign Trademarks in Vietnam

The standard trademark registration process consists of the following 7 steps:

Step 1: Trademark Clearance Search Conducting a search before filing is a vital step to preliminarily assess the registrability of the mark. This helps detect identical or confusingly similar trademarks previously registered in Vietnam, allowing businesses to adjust or alter their mark prior to official filing. The search takes about 1 to 3 working days. It can be conducted directly on IP Vietnam’s database at : http://iplib.noip.gov.vn or through IP agents.
Step 2: Classification of Goods and Services Classifying goods and services according to the Nice Classification is crucial in determining the scope of protection. The more classes registered, the broader the protection; however, costs will increase corresponding to the number of classes and specific products/services within each class.
Step 3: Filing the Application Foreign organizations can file their dossiers via one of two methods:
- Submit directly or via postal mail to the headquarters of IP Vietnam in Hanoi, or its representative offices in Ho Chi Minh City and Da Nang.

File online through the Public Service Portal of IP Vietnam at http://dvctt.noip.gov.vn. Note that this method requires a valid digital signature to authenticate the electronic dossier.
Applicable fees include the filing fee, application publication fee, search fee, and substantive examination fee. The exact amount depends on the number of classes and products/services per class.

Step 4: Formality Examination Within 1 month from the filing date, IP Vietnam will conduct a formality examination to determine the validity of the application. If valid, IP Vietnam will issue a Notice of Acceptance of Valid Application. If invalid, it will issue a Notice of Intended Refusal, giving the applicant 2 months to make corrections or amendments.
Step 5: Publication of the Application Within 2 months from the date the application is accepted as valid, IP Vietnam will publish it in the Industrial Property Official Gazette. This is a critical step allowing third parties to review and file an opposition (if any).
Step 6: Substantive Examination This phase lasts approximately 9 months from the publication date. During this stage, IP Vietnam evaluates the trademark’s registrability based on distinctiveness, likelihood of confusion, and similarity or identicalness to previously registered marks.
Step 7: Issuance or Refusal of the Protection Title If the trademark fully meets protection criteria, IP Vietnam will issue a Decision to Grant the Protection Title and notify the applicant. The applicant must then pay the granting fee, publication fee, and registration fee. If the trademark is ineligible, IP Vietnam will issue a Notice of Refusal stating the reasons, allowing the applicant to respond or withdraw the application.

Average timeframe: The entire process from filing to receiving the Trademark Registration Certificate typically takes 16 to 18 months, depending on the complexity and workload at IP Vietnam

Term of Protection and Renewal

A Trademark Registration Certificate is valid for 10 years from the filing date and can be renewed consecutively for multiple 10-year terms. Renewals must be executed within 6 months prior to expiration or during the late renewal grace period (subject to a late fee penalty).

Intellectual Property Consulting Services by Expert Lawyers at BKC Law

BKC Law’s intellectual property consulting services are designed to provide comprehensive and professional solutions for businesses, organizations, and individuals in protecting and developing their IP assets. With a team of extensively experienced lawyers, we offer advisory and registration support for trademarks, copyrights, patents, and industrial designs, while effectively assisting clients in resolving IP disputes.

Beyond consultation and registration, BKC Law specializes in defending our clients’ legitimate rights against IP infringements—ranging from issuing cease-and-desist letters and initiating lawsuits, to coordinating with competent state authorities such as the IP Inspectorate, Customs, and Market Surveillance agencies.

We also advise on strategies to exploit and commercialize IP assets, helping businesses optimize their brand value and build sustainable development strategies in the market. With a profound understanding of domestic and international IP law, BKC Law is committed to partnering with clients not only to defend against legal challenges but also to cultivate long-term IP assets, forging strong competitive advantages and fortifying corporate branding.

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