Procedures for the Registration of Exclusive Trademark Rights

4 Tháng 3, 2026 16 Views

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Registering an exclusive trademark is a crucial strategic step that helps businesses protect their legitimate rights, affirm their market position, and create a solid foundation for building long-term intangible assets. In an increasingly fierce competitive environment, having a brand copied or used illegally can lead to severe damage to reputation and revenue, and even result in a loss of market share.

Therefore, understanding the trademark registration process is a prerequisite for protecting intellectual property rights and ensuring sustainable development. The following article provides a comprehensive analysis of the procedures, conditions, processes, and legal considerations for trademark protection under current Vietnamese law.

Legal Basis

Legal regulations related to trademark registration are primarily governed by:

The Law on Intellectual Property 2005, amended and supplemented in 2009, 2019, and 2022 (effective from January 1, 2023).
Decree No. 65/2023/ND-CP detailing a number of articles of the Law on Intellectual Property regarding industrial property.
Circular No. 23/2023/TT-BKHCN guiding the application forms, processes, and procedures for trademark registration.
International treaties such as the Paris Convention and the Madrid Agreement (of which Vietnam is a member).

What is a Trademark?

In practice, “brand” is a commonly used concept in marketing and business. However, legally, the precise term used by Vietnamese law is “trademark”. According to Clause 16, Article 4 of the Intellectual Property Law, a trademark is a sign used to distinguish the goods and services of different organizations and individuals.

A trademark may consist of letters, words, images, symbols, colors, or a combination of these elements. Common types of trademarks include:

Standard trademarks (trade names, logos).
Collective marks.
Certification marks.
Sound marks (protected from 2022 under the amended law).
Three-dimensional marks (3D shapes).

Registering for brand protection is essentially filing a trademark application for goods/services with the competent state authority to be recognized for lawful ownership and exclusive exploitation rights.

Why Register for Trademark Protection?

To establish lawful ownership rights over the trademark.
To prevent third parties from unauthorized use or prior registration.
To increase the business’s intangible asset value.
To facilitate franchising, transferring, or contributing capital using the trademark.
To serve as a legal basis for handling infringements and claiming damages.

Note: In reality, there have been many cases where Vietnamese businesses lost their trademarks abroad due to failing to register in a timely manner, causing massive economic and reputational damage.

Conditions for Trademark Protection

According to Article 72 of the Intellectual Property Law, a trademark shall be protected if it satisfies the following conditions:

It is a visible sign in the form of letters, words, drawings, images, colors, or a combination thereof.
It is capable of distinguishing the owner’s goods or services from those of other organizations or individuals.
It is not identical or confusingly similar to a previously registered trademark.
It does not fall under the signs ineligible for registration under Article 73 (e.g., contrary to social ethics and public order, misleading descriptions, identical to national names or state emblems, etc.).
It does not cause confusion with protected trade names, geographical indications, or industrial designs.

Conducting a preliminary registrability search is a vital step to assess the risk of refusal before officially filing the application.

Trademark Registration Dossier

A standard trademark registration dossier includes:

A trademark registration declaration (Form No. 04-NH according to Circular 23/2023/TT-BKHCN).
Trademark specimens (05 copies).
A list of goods and services bearing the trademark, classified according to the International Classification (Nice Classification).
A Power of Attorney (if filing through an industrial property representative).
Documents proving the right to file (if the trademark is inherited or transferred).
Receipts proving the payment of registration fees.

All documents must be declared accurately and in compliance with regulations to avoid erroneous amendments that could prolong the examination period.

Trademark Registration Process in Vietnam

The trademark application is filed with the Intellectual Property Office of Vietnam (IP Vietnam) following these steps:

Receiving the dossier: IP Vietnam acknowledges the filing date and issues an application number.
Formality examination (1–2 months): Checking the completeness and validity of the dossier.
Publication of the application (within 2 months from the date the application is accepted as valid): The application is published in the Industrial Property Official Gazette.
Substantive examination (9–12 months): Evaluating distinctiveness, duplication, and potential conflicts of rights.
Issuing the decision: Granting the protection title if all conditions are met.
Paying the granting fee: Receiving the Trademark Registration Certificate.

The average total time for successful trademark registration is about 12–18 months, which may take longer if the application is opposed or requires amendments and supplements.

Fees and Charges for Trademark Registration

According to Circular 263/2016/TT-BTC and current fee schedules, applicable fees include:

Filing fee: 150,000 VND.
Substantive examination fee: 550,000 VND per class of goods/services (for up to 6 products/services).
Application publication fee: 120,000 VND.
Granting fee: 120,000 VND + 100,000 VND per page from the second page.
Maintenance fee: 100,000 VND per year.

These fees are paid at various stages and are non-refundable if the application is refused.

Validity and Renewal of the Protection Title

The Trademark Registration Certificate is valid for 10 years from the filing date.
It can be renewed consecutively for multiple 10-year terms.
Renewal applications must be filed within 6 months prior to the expiration date.
If expired, late renewal is allowed within a 6-month grace period, subject to an additional late fee penalty.

Maintaining validity on time is a mandatory obligation to ensure continuous protection of ownership rights.

Important Legal Notes

The applicant can be an individual or an organization, domestic or foreign (provided their country is a member of the WTO or relevant international treaties).
Prior use of a trademark does not guarantee priority rights if someone else registers it first (Vietnam applies the “First-to-File” principle).
If registering internationally via the Madrid System, a basic registration or application in Vietnam is required.
Failure to use the trademark for 5 consecutive years can lead to an invalidation request by a third party.
Particularly for high-value brands or long-term strategies, registration should be executed both in Vietnam and internationally (if there are plans to expand markets).

Contact Us

Phone: 0901 3333 41
Email: info@bkclaw.vn
District 1 Office: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, Sai Gon Ward, Ho Chi Minh City.
Binh Tan Office: 41 Ten Lua Street, An Lac Ward, Ho Chi Minh City.