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how to register a trademark in vietnam

How to Register a Trademark in Vietnam (2026): Fast-track Steps, Timelines, Costs & Checklist

By Global Law Experts
– posted 4 days ago

Understanding how to register a trademark in Vietnam has become significantly more urgent since Law No.131/2025 took effect on 1 April 2026, compressing examination timelines and introducing new rules on AI-generated marks and IP valuation. Vietnam operates a strict first-to-file system, meaning the first applicant, not the first user, secures rights, a reality that has caught many foreign brands off guard. This guide walks foreign brand owners and in-house counsel through every stage of the Vietnam trademark registration process, from pre-filing clearance searches through post-registration enforcement, with exact costs, document checklists and fast-track tactics that reflect the 2026 regulatory landscape.

Fast Answer: Should You File a Vietnam Trademark Now?

Yes. Foreign applicants can register a trademark in Vietnam by appointing a licensed local agent and filing with the Intellectual Property Office of Vietnam (IP Vietnam). Acting now locks in priority rights in Vietnam’s first-to-file system before a competitor or squatter files first.

The recommended next step is to conduct a clearance search through IP Vietnam’s online database and WIPO’s Global Brand Database, then appoint a qualified Vietnamese IP agent to prepare and submit the application within days.

Quick Checklist Before You Start

  • Confirm mark type. Word mark, device mark, combined mark or three-dimensional mark, each has different specimen requirements.
  • Classify goods and services. Use the Nice Classification (12th edition, 2025 update) and list every class you need from day one.
  • Run a clearance search. Search the IP Vietnam trademark database, the WIPO Global Brand Database and, for ASEAN exposure, the ASEAN TMview tool. For a more reliable search result and assessment, consider conducting a search through a local IP agent.
  • Appoint a licensed Vietnamese agent. Foreign applicants without a registered business presence in Vietnam must file through a licensed IP agent.
  • Gather priority documents. If claiming Paris Convention priority, prepare a certified copy of the earlier application within six months of its filing date.
  • Budget for fees. Official fees for filing, examination and publication start from approximately USD40 for an application in one class, with additional fees for additional classes and items of goods/services in excess of 6 in each class, and agent fees.

Key Changes Under Law No.131/2025

Law No.131/2025, officially the Law Amending and Supplementing a Number of Articles of the Intellectual Property Law, was passed by the National Assembly and entered into force on 1 April 2026. It represents the most consequential reform to Vietnam’s trademark framework since the 2005 IP Law. The amendments address three broad areas that directly affect how to register a trademark in Vietnam: accelerated examination timelines, updated rules on AI-generated and digital intellectual property, and new provisions for IP valuation and commercialisation.

On timelines, the law shortens the statutory windows for both formality examination and substantive examination, setting explicit maximum deadlines where the previous regime allowed broader administrative discretion. On AI and digital IP, the amendments assign the Government to issue guiding regulations on the establishment of IP rights to which the subject matters are created wholly or partially by artificial intelligence. On valuation, the law introduces a framework for appraising IP assets in corporate transactions, relevant to brands that plan to license or assign their Vietnamese trademarks.

Industry observers expect the practical effect to be a faster, more predictable trademark timeline in Vietnam for 2026 filings, particularly for straightforward word and device marks that do not trigger opposition or office actions.

Timeline Comparison: Before and After Law No.131/2025

Stage Typical Time (Pre-Law No.131/2025) Typical Time (Post-Law No.131/2025, 2026)
Formality examination 1–2 months from filing date 2–4 weeks from filing date
Publication  1-2 months from formality acceptance 1 month from formality acceptance
Substantive examination 9–18 months 4–9 months
Certificate issuance (after payment of registration fee) 1–2 months 2–4 weeks
Total (no opposition, no objection) 12–24 months 8–12 months

The shortened opposition window from 5 months to 3 months is the change most likely to affect foreign filers’ strategy. It compresses the time available for third parties to oppose, but equally reduces the window for brand owners monitoring the Vietnamese gazette for infringing filings by squatters.

Timelines and Fast-Track Tactics for How to Register a Trademark in Vietnam in 2026

The trademark timeline in Vietnam for 2026 filings has materially improved. Based on current processing speeds reported by IP Vietnam and practitioner experience since April 2026, a straightforward single-class application with no opposition or office action can realistically be registered within 9 to 12 months. Multi-class filings or applications that attract office actions should budget more examination time from 3 to 9 months depending on the merit of each case.

Fast-Track Tactics for Foreign Brands

Foreign brand owners can further accelerate the Vietnam trademark registration process through several practical strategies:

  • Claim Paris Convention priority. If a home-country application was filed within the past six months, claiming priority secures the earlier filing date and protects against intervening filings by squatters. This is particularly valuable in Vietnam’s first-to-file system.
  • File electronically. E-filing through IP Vietnam’s portal typically receives a filing date faster than postal submissions and avoids transit delays.
  • Use narrow, precise specifications. Applications with clear, well-defined goods and services descriptions pass formality examination faster. Avoid vague terms that invite office actions.
  • Engage a specialist agent. Experienced Vietnamese IP agents can pre-screen applications for likely objections and advise on filing strategies that minimise the risk of office actions, the single biggest cause of delay.

Common Examination Objections and Sample Responses

IP Vietnam examiners raise objections during substantive examination for both absolute and relative grounds. Below are the most common objections and recommended response strategies:

  • Generic terms. The mark consists entirely of a generic name for the goods. Response: Submit evidence of  distinctiveness acquired through use (sales data, advertising spend, consumer surveys) before the filing date.
  • Descriptiveness. The mark directly describes the goods or services. Response: Submit evidence of  distinctiveness acquired through use (sales data, advertising spend, consumer surveys) before the filing date.
  • Deceptive or misleading elements. The mark suggests qualities the goods do not possess. Response: Provide evidence that the mark is used truthfully; remove the misleading element where applicable.
  • Similarity to a prior mark. The examiner finds the mark confusingly similar to an earlier filed/registered mark. Response: File a detailed comparison analysis highlighting visual, phonetic and conceptual differences. Note that a letter of consent from the prior owner is considered as a document for mere reference and generally do not work in the cases where there exist high level of similarity of the marks and designated goods/services. In such cases, attacking the earlier registered mark on the basis of non-use should be considered.
  • Similarity to a prior expired mark. The examiner finds the mark confusingly similar to an earlier registered mark and it has been less than 3 years from the expiration date of this earlier mark. Response: File a detailed comparison analysis highlighting visual, phonetic and conceptual differences and try to keep our application alive as long as possible. In some cases, your applied for mark will finally be registered after the 3-year period from expiration date of the ealier mark has lapsed. In some other cases, you should consider re-filing your mark at another appropriate point of time. 

After Registration: Enforcement, Maintenance and Risks

Securing a registration certificate is only the beginning. Vietnam imposes ongoing obligations and provides several enforcement mechanisms that foreign brand owners should understand from the outset.

Renewal. Registrations are valid for ten years from the filing date. Renewal applications must be filed within six months before the expiry date, with a six-month grace period available (subject to a surcharge). Failure to renew results in termination.

Non-use Termination. A registered trademark in Vietnam is vulnerable to termination if it has not been genuinely used for any consecutive five-year period, subject to a third party’s request. Brand owners should maintain dated evidence of use, invoices, packaging, advertising materials and import records, to defend against such challenges.

Customs recordation. Foreign brand owners exporting to or through Vietnam should record their trademark with Vietnam Customs. This enables customs officials to detain suspected counterfeit goods at the border without requiring the brand owner to identify every individual shipment in advance.

Practical Enforcement Routes for Foreign Brand Owners

  • Administrative enforcement. Market surveillance agencies and some other authorities can conduct raids, seize infringing goods and impose fines. This is the fastest and most cost-effective route for clear-cut counterfeiting.
  • Customs detention. After recordation, Vietnam Customs can detain shipments suspected of bearing counterfeit marks. The brand owner must then confirm infringement within a statutory deadline.
  • Police raids. For large-scale or repeat counterfeiting, the Economic Police can investigate and prosecute under criminal provisions of the Penal Code.
  • Civil litigation. The People’s Courts can hear trademark infringement claims, award damages and order injunctions. So far, civil litigation has been considered less commonly used in Vietnam for IP disputes and  more suitable for cases involving significant damages or complex legal issues. However, with the recent reforms of the judicial system and the official establishment of the specialized IP courts, it is expected to witness a rise of number of IP disputes to be brought before the IP courts in the coming time.

Need Legal Advice?

This article was produced by Global Law Experts, reviewed and updated by D&N International. For specialist advice on this topic, contact D&N International, a member of the Global Law Experts network.

Sources

    1. Intellectual Property Office of Vietnam (IP Vietnam), Trademark Guidance
    2. D&N International, The 2025 Amended Law on Intellectual Property: A Systemic Reform of IP Rights Establishment and Enforcement
    3. Rouse, Vietnam’s 2025 Amended IP Law: Major Reforms Effective from April 2026
    4. Viet An Law, Trademark Registration in Vietnam
    5. Vietnam Briefing, How to Register a Trademark in Vietnam
    6. WIPO, World Intellectual Property Organization
    7. WTR, The Trademark Litigation Review 2026: Vietnam’s trademark litigation evolution: Strengthening civil proceedings amid dual enforcement system 

 

FAQs

How do I register a trademark in Vietnam?
You register a trademark in Vietnam by filing an application with the Intellectual Property Office of Vietnam (IP Vietnam). The process involves conducting a clearance search, appointing a licensed Vietnamese agent (required for foreign applicants), preparing the application with a proper mark representation and Nice Classification goods list, filing the application, and responding to any examination objections. Under Law No.131/2025, the total process takes approximately six to twelve months for straightforward applications.
Under the compressed timelines introduced by Law No.131/2025 (effective 1 April 2026), a straightforward single-class application with no opposition or office action can be registered in approximately eight to twelve months. Applications that attract objections or oppositions may take longer.
Yes. Foreign individuals and entities that do not have a registered business entity or permanent address in Vietnam must file through a licensed Vietnamese IP agent. IP Vietnam will not process direct filings from foreign applicants without local presence.
To claim priority, you must file the Vietnamese application within six months of the original filing date in another Paris Convention member country. The priority claim must be stated in the application at the time of filing, and a certified copy of the earlier application must be submitted to IP Vietnam. This secures the earlier filing date for the Vietnamese application.
Law No.131/2025 does not impose a special scrutiny for marks created wholly or partially by artificial intelligence. AI-related regulations are typically of concerns for other subject matters such as patents, industrial designs and layout-designs of integrated circuits.
A registered trademark in Vietnam can be terminated upon request by a third party if it has not been genuinely used for any consecutive five-year period. To defend against a non-use cancellation request, the trademark owner must provide evidence of genuine use, such as invoices, product packaging, marketing materials or import records, during the relevant period. Maintaining a file of dated use evidence from the outset is essential.

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How to Register a Trademark in Vietnam (2026): Fast-track Steps, Timelines, Costs & Checklist

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