Procedures for the Registration of Exclusive Trademark Rights

Exclusive trademark registration is a strategic step that helps businesses protect their legal rights, establish market position, and build long-term intangible asset value. In an increasingly competitive environment, unauthorized use or imitation of a brand can lead to serious consequences, including reputational damage, revenue loss, and market share erosion.

Understanding the trademark registration process in Vietnam is essential for safeguarding intellectual property rights and ensuring sustainable development. This article provides a comprehensive overview of the procedures, legal requirements, and key considerations involved in securing exclusive trademark protection under current Vietnamese law.

Legal Framework

Trademark registration is primarily governed by the following laws and regulations:

• The Intellectual Property Law (2005), amended in 2009, 2019, and most recently in 2022 (effective from January 1, 2023)

• Decree 65/2023/ND-CP, detailing industrial property regulations

• Circular 23/2023/TT-BKHCN, guiding trademark registration forms and procedures

• International treaties such as the Paris Convention and the Madrid Agreement (Vietnam is a member state)

What Is a Trademark?

In business and marketing, the term “brand” is commonly used. Legally, the correct term in Vietnam is “trademark“.

According to Clause 16, Article 4 of the Intellectual Property Law, a trademark is a sign used to distinguish the goods or services of different organizations or individuals. A trademark may consist of letters, words, images, symbols, colors, or a combination thereof.

Popular types of trademarks include:

• Standard trademarks (e.g., brand names, logos)

• Collective trademarks

• Certification trademarks

• Sound marks (protected since the 2022 amendments)

• Three-dimensional marks (3D shapes or configurations)

Registering a brand means filing an official trademark application with the competent authority to gain exclusive legal rights and usage protection.

Why Register a Trademark?

Key benefits of trademark protection include:

• Legal ownership and exclusive usage rights

• Preventing others from unauthorized use or prior registration

• Increasing a company’s intangible asset value

• Facilitating licensing, transfer, or brand-based investment

• Establishing a basis for enforcement and damage claims

There have been many cases where Vietnamese businesses lost their brands internationally due to late or absent registration, causing significant economic losses.

Conditions for Trademark Protection

According to Article 72 of the IP Law, a trademark is eligible for protection if it:

• Is a visible sign (letters, words, images, or color combinations)

• Has distinctiveness and is not confusingly similar to existing marks

• Does not contain prohibited elements (e.g., offensive content, misleading info, national symbols)

• Is not identical or confusingly similar to protected trade names, geographical indications, or industrial designs

Preliminary trademark search is highly recommended to assess potential conflicts before submitting the application.

Required Documents for Trademark Registration

A complete trademark registration dossier includes:

• Application form (Form 04-NH as per Circular 23/2023/TT-BKHCN)

• 5 trademark samples

• List of goods/services classified under the Nice Classification

• Power of attorney (if submitted via a representative)

• Supporting documents (e.g., transfer, inheritance)

• Proof of fee payment

All documents must be accurate and compliant to avoid delays due to requests for correction or supplementation.

Trademark Registration Process in Vietnam

The application is filed with the National Office of Intellectual Property (NOIP) and follows these steps:

1. Application receipt: Acknowledgment of submission date and application number

2. Formality examination (1–2 months): Check for completeness and validity

3. Application publication (after 2 months): Official announcement in the IP Gazette

4. Substantive examination (9–12 months): Assess distinctiveness, conflicts with prior rights

5. Decision on protection: Issuance of a trademark certificate if approved

6. Fee payment and certificate issuance

The typical registration timeline ranges from 12–18 months, depending on objections or required modifications.

Fees and Costs for Trademark Registration

Per Circular 263/2016/TT-BTC, key fees include:

• Filing fee: VND 150,000

• Substantive examination fee: VND 550,000 per class (up to 6 goods/services)

• Publication fee: VND 120,000

• Certificate issuance fee: VND 120,000 + VND 100,000 per additional page

• Renewal fee: VND 100,000 per year

All fees are non-refundable, even if the application is denied.

Duration and Renewal of Trademark Protection

A trademark certificate is valid for 10 years from the filing date. It can be renewed indefinitely, 10 years at a time. Renewal must be filed within 6 months before expiry.

Late renewal is allowed within a 6-month grace period, with a surcharge. Timely renewal is essential for continuous protection.

Important Legal Notes

• Applicants may be individuals or organizations, local or foreign (provided their country is a WTO member or treaty partner)

• Prior use of a trademark does not guarantee priority if another party registers first

• For international protection via the Madrid System, a base application in Vietnam is required

• Failure to use a trademark for 5 consecutive years can lead to cancellation upon third-party request

• For long-term strategic brands, consider dual registration: domestically and internationally

Contact Us:

For free legal consultation, contact BKC Law at:

Phone: 0901 3333 41

Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City

Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

Related Articles:

Process for Obtaining a Work Permit for Foreign Workers in Vietnam

Procedures for Copyright Registration

Resolution of Copyright Disputes with Support from Specialized Lawyers