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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.
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). Under Law No.131/2025, total registration time has shortened to approximately six to twelve months, down from twelve to twenty-four months under the previous regime. 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.
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 clarify that marks generated wholly by artificial intelligence without identifiable human creative contribution face additional evidentiary requirements during substantive examination. 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.
| Stage | Typical Time (Pre-Law No.131/2025) | Typical Time (Post-Law No.131/2025, 2026) |
|---|---|---|
| Formality examination | 1–2 months | 2–4 weeks |
| Publication for opposition | 2 months | 1 month |
| Substantive examination | 9–18 months | 4–9 months |
| Certificate issuance (after grant) | 1–2 months | 2–4 weeks |
| Total (no opposition, no objection) | 12–24 months | 6–12 months |
The shortened opposition window from two months to one month is the single 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.
The following nine steps cover the complete Vietnam trademark registration process from initial search through to certificate issuance. Each step identifies required documents, common pitfalls and the specific forms used by IP Vietnam.
A Vietnam trademark search is the most cost-effective way to avoid filing an application that will be refused for conflict with an existing registration. There are three levels of search to consider:
Conducting a clearance search typically takes five to ten business days when using a professional agent. The cost ranges from USD 150 to USD 400 per mark per class, depending on the scope.
The application must include a clear representation of the mark. For word marks, this is the word itself in standard characters. For device or combined marks, applicants must supply a high-resolution image (minimum 80 × 80 mm) in black and white or colour, depending on whether colour is claimed as a feature. Three-dimensional marks require multiple views.
Goods and services must be classified according to the Nice Classification. IP Vietnam strictly follows the class headings and specific item descriptions; vague terms such as “and related services” are routinely rejected during formality examination. Best practice is to draft the specification as broadly as defensible within each class, while avoiding overly generic wording that triggers office actions.
If the mark contains non-Latin characters (Chinese, Japanese, Korean or other scripts), a transliteration and translation into Vietnamese must be provided.
Foreign applicants without a registered business entity or permanent address in Vietnam are required by law to file through a licensed Vietnamese IP representative. This is a mandatory requirement, IP Vietnam will not accept direct filings from foreign individuals or entities that lack local presence.
There are three filing methods available:
The application requires a signed Power of Attorney from the applicant to the local agent. Under Vietnamese law, this Power of Attorney does not need to be notarised or legalised unless IP Vietnam specifically requests it during formality examination. However, if the applicant’s home jurisdiction requires consular legalisation of foreign documents for use in Vietnam, it is prudent to prepare a legalised version from the outset to avoid delays.
Once IP Vietnam receives the application and confirms it meets minimum filing requirements (completed form, mark representation, applicant details, at least one class of goods or services, and the filing fee), it assigns a filing date. This date is critical, it establishes the applicant’s priority position in Vietnam’s first-to-file system.
If claiming Paris Convention priority from an earlier application filed in another member country, the priority claim must be made at the time of filing and supported by a certified copy of the earlier application, submitted within six months of the original filing date.
IP Vietnam conducts a formality check to verify that the application is complete and compliant. Under Law No.131/2025, this stage now takes approximately two to four weeks. The office checks that the Power of Attorney is present, the goods and services are properly classified, the mark representation meets technical requirements, and all fees have been paid.
If deficiencies are found, IP Vietnam issues a formality deficiency notice giving the applicant one month to respond. Failure to respond results in the application being deemed withdrawn.
Applications that pass formality examination are published in the Official Gazette of Industrial Property (published online by IP Vietnam). Under the 2026 rules, the opposition window runs for one month from the publication date, shortened from the previous two-month window.
The substantive examination is the core stage where IP Vietnam assesses whether the mark meets the registrability criteria. Examiners evaluate absolute grounds (distinctiveness, descriptiveness, deceptiveness, contravention of public order) and relative grounds (conflict with prior registrations or well-known marks).
Under Law No.131/2025, this stage has been compressed to four to nine months for straightforward applications. Complex cases involving opposition proceedings or office actions may still take longer.
If the mark passes substantive examination without objection or after successful response to an office action, IP Vietnam issues a decision to grant registration. The applicant then has thirty days to pay the registration fee and the first-term publication fee. Failure to pay within this window results in the application being refused.
After payment, IP Vietnam issues a Certificate of Registration, typically within two to four weeks. The registration is valid for ten years from the filing date and is renewable indefinitely for successive ten-year terms.
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 six to eight months. Multi-class filings or applications that attract office actions should budget eight to twelve months.
Foreign brand owners can further accelerate the Vietnam trademark registration process through several practical strategies:
For foreign applicants who are also establishing a business presence, related visa and entity-formation requirements are covered in our guide to Vietnam business visa requirements and application guidelines.
Budgeting accurately is essential. The cost to register a trademark in Vietnam comprises official government fees paid to IP Vietnam and professional agent fees. Below is a current fee summary for 2026 filings.
| Fee Component | Approximate Amount (VND) | Approximate Amount (USD) |
|---|---|---|
| Filing fee (per class, up to 6 items) | 500,000 | 20 |
| Each additional item beyond 6 (per item) | 150,000 | 6 |
| Publication fee (filing stage) | 120,000 | 5 |
| Substantive examination fee (per class) | 550,000 | 22 |
| Registration fee (upon grant) | 360,000 | 14 |
| Publication of registration | 120,000 | 5 |
| Certificate issuance fee | 120,000 | 5 |
| 10-year renewal fee (per class) | 780,000 | 31 |
| Agent/attorney fees (foreign applicant, per class) | , | 400–800 |
Optional add-ons include customs recordation (approximately USD 100–200 for the recordation filing) and trademark watch services (USD 200–500 per year per mark).
IP Vietnam examiners raise objections during substantive examination for both absolute and relative grounds. Below are the six most common objections and recommended response strategies:
If an objection cannot be overcome through argument alone, practical alternatives include narrowing the goods specification to avoid overlap with the cited mark, filing a disclaimer of non-distinctive elements within a combined mark, or splitting the application into separate filings for contested and uncontested classes to secure partial registration while the dispute is resolved.
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 cancellation.
Non-use cancellation. A registered trademark in Vietnam is vulnerable to cancellation if it has not been genuinely used for any consecutive five-year period. Third parties can file a cancellation request on non-use grounds at any time after the five-year period lapses. 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.
For a broader perspective on cross-border brand protection strategies, see our guide on how to protect your intellectual property across borders.
The following twelve-step pocket checklist summarises the entire Vietnam trademark registration process for busy commercial teams:
Sample timeline (fast-track, single class, no opposition):
Vietnam’s compressed trademark timelines under Law No.131/2025 create both an opportunity and an urgency for foreign brands. Filing promptly protects against squatters in this first-to-file jurisdiction and takes advantage of faster processing. The complete process for how to register a trademark in Vietnam, from clearance search through certificate issuance, is now achievable in under nine months for well-prepared applications. Explore the international intellectual property practice area for broader cross-border strategies, or get in touch with a qualified Vietnam IP specialist to begin your filing.
This article was produced by Global Law Experts. For specialist advice on this topic, contact D&N International at D&N International, a member of the Global Law Experts network.
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