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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 1 hour 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). 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.

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.
  • Appoint a licensed Vietnamese agent. Foreign applicants without a registered business presence in Vietnam must file through a licensed IP representative.
  • 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 filing fees start from approximately VND 500,000 per class, with additional examination, publication 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 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.

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 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.

Step-by-Step Vietnam Trademark Registration Process

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.

Step 1: Pre-Filing Clearance Search

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:

  • IP Vietnam online database. Free, publicly available and searchable by word element, image element and Nice class. It captures registered marks and pending applications but can lag by several weeks.
  • WIPO Global Brand Database. Covers international registrations designating Vietnam under the Madrid Protocol. Essential for identifying marks that may not appear in the national database if the designation is recent.
  • Professional clearance search. A licensed Vietnamese IP agent can conduct a comprehensive search including phonetic, visual and conceptual similarity analysis, producing a risk assessment opinion. This is strongly recommended for brands entering a competitive market segment.

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.

Step 2: Prepare Application, Mark Representation, Goods and Services

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.

Step 3: Filing Methods and Local Agent Rules

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:

  • In-person filing. At IP Vietnam’s offices in Hanoi (headquarters), Ho Chi Minh City or Da Nang.
  • Postal filing. By registered mail to IP Vietnam’s headquarters at 386 Nguyen Trai, Thanh Xuan, Hanoi.
  • Electronic filing (e-filing). Through IP Vietnam’s online portal. E-filing has been progressively expanded and now covers most trademark application types.

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.

Step 4: Filing and Receiving the Filing Date

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.

Step 5: Formality Examination

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.

Step 6: Publication

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.

Step 7: Substantive Examination

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.

Step 8: Grant Decision and Fee Payment

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.

Step 9: Certificate of Registration

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.

Decision-Ready Document Checklist

  • Completed application form (IP Vietnam Form 04-NH or electronic equivalent)
  • Mark representation, high-resolution image (device/combined marks) or standard-character text (word marks)
  • List of goods and services, classified per Nice Classification, 12th edition
  • Power of Attorney, signed by the applicant, appointing the licensed Vietnamese agent
  • Priority document, certified copy of earlier application (if claiming Paris Convention priority)
  • Transliteration and translation, for any non-Latin or non-Vietnamese elements
  • Filing fee receipt, proof of payment of official fees at filing
  • Applicant identification, certificate of incorporation or passport copy (individual applicants)

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 six to eight months. Multi-class filings or applications that attract office actions should budget eight to twelve months.

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.
  • Resolve potential conflicts before filing. If the clearance search reveals a potentially conflicting mark, consider negotiating a coexistence agreement or letter of consent before filing, rather than dealing with the conflict during substantive examination.
  • File in all needed classes simultaneously. Vietnam does not offer a multi-class application system, each class requires a separate application. Filing all classes at once ensures uniform priority dates and avoids gaps that competitors could exploit.
  • 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.

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.

Costs and Official IP Vietnam Fees

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

Example Cost Scenarios

  • Single-class local filing (Vietnamese entity). Official fees total approximately VND 1,770,000 (USD 70) from filing through to certificate. No agent fee required if the entity files directly.
  • Single-class foreign filing. Official fees of approximately USD 70 plus agent fees of USD 400–800, for a total of USD 470–870 per class.
  • Three-class foreign filing with priority claim. Official fees of approximately USD 210 plus agent fees of USD 1,200–2,400, plus priority document handling fees of USD 100–200 per claim. Total range: USD 1,510–2,810.

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).

Common Examination Objections and Sample Responses

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:

  • Descriptiveness. The mark directly describes the goods or services. Response: Submit evidence of acquired distinctiveness through use (sales data, advertising spend, consumer surveys) or amend the mark to include distinctive elements.
  • Similarity to a prior mark. The examiner finds the mark confusingly similar to an existing registration. Response: File a detailed comparison analysis highlighting visual, phonetic and conceptual differences. Consider obtaining a letter of consent from the prior owner.
  • Generic terms. The mark consists entirely of a generic name for the goods. Response: Amend the specification to remove conflicting goods or add distinctive elements to the mark.
  • Deceptive or misleading elements. The mark suggests qualities the goods do not possess. Response: Provide evidence that the mark is used truthfully, or disclaim the misleading element.
  • Classification errors. Goods or services are placed in the wrong Nice class. Response: Reclassify the items and pay any additional class fees.
  • Incomplete or non-compliant specimen. The mark representation does not meet technical requirements. Response: Re-submit compliant artwork meeting IP Vietnam’s size and resolution requirements.

When to Seek Reclassification, Disclaimers or Defensive Amendments

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.

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 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.

Practical Enforcement Routes for Foreign Brand Owners

  • Administrative enforcement. Market surveillance agencies and provincial inspectorates 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. Civil litigation is less commonly used in Vietnam for IP disputes but is available for cases involving significant damages or complex legal issues.

For a broader perspective on cross-border brand protection strategies, see our guide on how to protect your intellectual property across borders.

Practical Checklist and Sample Timeline

The following twelve-step pocket checklist summarises the entire Vietnam trademark registration process for busy commercial teams:

  1. Define your mark type and prepare the mark representation.
  2. Identify and classify all goods and services using the Nice Classification.
  3. Conduct a Vietnam trademark search (IP Vietnam database + WIPO Global Brand Database).
  4. Appoint a licensed Vietnamese IP agent (mandatory for foreign applicants).
  5. Prepare and sign the Power of Attorney.
  6. Obtain a certified priority document (if claiming Paris Convention priority).
  7. File the application(s), one per class, via e-filing, in person or post.
  8. Respond to any formality deficiency notice within one month.
  9. Monitor the Official Gazette during the one-month opposition window.
  10. Respond to any substantive examination office action within the statutory deadline.
  11. Pay registration and publication fees within thirty days of the grant decision.
  12. Receive the Certificate of Registration and record with Vietnam Customs if needed.

Sample timeline (fast-track, single class, no opposition):

  • Week 1–2: Clearance search and agent appointment.
  • Week 3: Application filed.
  • Week 5–7: Formality examination completed.
  • Week 8–12: Publication and opposition window.
  • Month 4–8: Substantive examination.
  • Month 8–9: Grant decision, fee payment, certificate issued.

Next Steps

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.

Need Legal Advice?

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.

Sources

  1. Intellectual Property Office of Vietnam (IP Vietnam), Trademark Guidance
  2. Rouse, Vietnam’s 2025 Amended IP Law: Major Reforms Effective from April 2026
  3. Viet An Law, Trademark Registration in Vietnam
  4. Vietnam Briefing, How to Register a Trademark in Vietnam
  5. WIPO, World Intellectual Property Organization
  6. Global Law Experts, How to Protect Your Intellectual Property Across Borders

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.
Official government fees for a single-class trademark registration total approximately VND 1,770,000 (around USD 70) from filing through certificate issuance. Foreign applicants should add agent fees of approximately USD 400–800 per class. A typical single-class foreign filing therefore costs USD 470–870 in total. Multi-class filings multiply the per-class fees accordingly.
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 six to eight months. Applications that attract objections or oppositions may take eight to twelve months or longer.
Yes. Foreign individuals and entities that do not have a registered business entity or permanent address in Vietnam are legally required to file through a licensed Vietnamese IP representative. 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 introduces additional scrutiny for marks generated entirely by artificial intelligence. Early indications suggest that AI-generated logos are not automatically barred from registration, but applicants may face requests to demonstrate human creative contribution or to clarify the origin of the design during substantive examination. Applicants using AI tools in the design process should document the human involvement and creative direction at each stage.
A registered trademark in Vietnam can be cancelled 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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