Many businesses put their energy into building a brand but treat trademark registration as something that “can wait”. Under the first-to-file principle, another party can become the lawful owner of the name you have worked hard to build. This article sets out the conditions for protection, the application documents, the process at the Intellectual Property Office of Vietnam and the 5 mistakes that lead to refusal.
- Business owners and founders preparing to launch a brand
- Marketing and brand development teams
- In-house legal staff responsible for intellectual property filings
- Businesses with a foreign element that use names in Chinese, Korean, Japanese, Arabic or other non-Latin scripts
Level: basic, practical. Based on: the Law on Intellectual Property and its implementing documents. Includes: procedure guide; document checklist.
Key points- The first-to-file principle (first valid application wins): whoever files first can become the lawful owner of the brand name your business has built.
- A sign is protected if it is visible and distinctive. The second condition is where most refusals arise.
- Choosing the wrong Nice classes limits the scope of protection. Register for your expansion plans, not only your current products.
- The statutory time limits add up to about 12 months, but in practice it often takes 18–24 months. File early.
- A protection title is valid for 10 years from the filing date and can be renewed an unlimited number of times.
- A notice of intended refusal is not a final decision. The business has the right to respond with arguments and evidence.
Many businesses put all their energy into building a brand (logo, packaging, marketing campaigns) but treat trademark registration as a formality that “can wait”. This is one of the most common causes of brand disputes in Vietnam.
Finding out someone registered first, once the brand is established
Under the first-to-file principle, the party that files first can become the lawful owner of the very name your business has worked hard to build.
1. Conditions for trademark protection
Under the Law on Intellectual Property, a sign can be registered as a trademark when it meets both of these conditions:
It is a visible sign
Shown as letters, words, drawings, images, three-dimensional shapes or a combination of these.
It is distinctive
It distinguishes the owner’s goods or services from those of others.
2. Documents to prepare
Application form
Trademark registration form in the prescribed format.
Trademark samples
5 samples, no smaller than 2×2 cm and no larger than 8×8 cm.
List of goods and services
Classified under the Nice International Classification. Protection is limited to exactly the classes registered.
Proof of payment of fees and charges
Receipts for the fees and charges required by law.
Power of attorney
When filing through an industrial property representation organisation.
Priority documents
When claiming priority from an application already filed abroad.
A commonly overlooked mistake: wrong classification of goods and services
Wrong classification does not only affect whether a protection title is granted. It also makes later disputes much harder to handle, because protection is limited to exactly the classes registered. Before filing, review carefully both your actual and planned business scope, rather than registering only the product group you sell today.
3. How the Intellectual Property Office of Vietnam handles the application
The 4 stages of a trademark application
- Formality examination. 1 month from the filing date.
- Publication of the application. 2 months from acceptance of the application as valid.
- Substantive examination. 9 months from publication.
- Grant of the protection title. After the substantive examination is passed.
| Stage | Statutory time limit | What happens |
|---|---|---|
| Formality examination | 1 month from the filing date | Checks that the application is complete: documents, trademark sample, classification, applicant, right to file |
| Publication of the application | 2 months from the date of the notice accepting the application as valid | Published in the Industrial Property Official Gazette so that third parties can oppose |
| Substantive examination | 9 months from publication | Assesses whether the mark can be protected: distinctiveness, and whether it is identical or confusingly similar to a trademark registered or applied for earlier |
| Grant of the protection title | After the substantive examination is passed | Decision to grant the trademark registration certificate, published in the Official Gazette |
Source: Law on Intellectual Property; actual timing based on FC Legal’s experience handling applications.
File early; do not wait until just before launch
Because the actual time is much longer than the statutory calculation, businesses should file early and not wait until just before launching a product or service. Unlimited renewal is what sets trademarks apart from inventions and industrial designs (see Protecting industrial designs and inventions).
4. Why are trademark applications refused? The 5 most common reasons
Lack of distinctiveness
The sign is too simple (single letters or numbers, basic geometric shapes), or it is a common name, or it directly describes the use, quality, ingredients or characteristics of the goods or services.
- Avoid generic names that directly describe the product
- Design a trademark sample with its own distinctive features
Identical or confusingly similar
Many applications are refused not because the mark is identical, but because it is found confusingly similar overall in sound, structure, meaning and visual impression.
- Do an in-depth search before filing, not just a preliminary one
- Assess how the mark is read and what it means, not just the words
Only non-Latin characters
A trademark made up only of Chinese, Korean, Japanese, Arabic or other non-Latin characters, registered on its own, has a high risk of refusal.
- Add a Latin transliteration
- Or add a separate, distinctive graphic element
Bad-faith filing
Deliberately registering a mark similar to one that is already reputable or widely used, to exploit it unfairly, speculate on trademarks or block a competitor.
- Build your own trademark, not one that relies on another party’s reputation
Errors in the application
Wrong applicant name or address, missing signature, inaccurate classification of goods and services.
- Have someone experienced review the application before filing
Most mistakes that lead to refusal can be avoided at the preparation stage: search, classification and trademark sample design. Let FC Legal lawyers review your sample and classes before you file.
5. If the application is refused, what can the business do?
A notice of intended refusal is not a final decision
The business has the right to submit a response within the prescribed time limit, with arguments and evidence.
How to respond to a notice of intended refusal
- Receive the notice of intended refusal. Identify the reasons and the deadline for responding.
- Submit a response. Include arguments and evidence, for example evidence of wide and continuous use.
- Make adjustments if needed. Slightly change the trademark sample design or narrow the list of goods and services.
Evidence of wide and continuous use can help prove distinctiveness acquired through use. In many cases, a small change to the trademark sample design or a narrower list of goods and services is enough for a re-filed application to be accepted.
6. Why standardise the registration process from the start
The difference between an application that succeeds first time and one that needs repeated amendments or is refused usually lies in the preparation before filing:
- An in-depth search.
- Accurate classification covering both current activities and expansion plans.
- A trademark sample designed to avoid signs that are likely to be seen as descriptive or lacking distinctiveness.
This is why many businesses appoint an industrial property representation organisation instead of filing themselves. It saves time and, more importantly, it significantly increases the chance of being granted a protection title on the first application, avoiding the cost and time of long responses and complaints.
Full trademark filing service with FC Legal lawyers
Our lawyers support you throughout the handling of your application at the Intellectual Property Office of Vietnam.
- In-depth search before filing
- Nice classification based on current activities and expansion plans
- Preparing the application and reviewing the trademark sample to avoid descriptive or non-distinctive signs
- Monitoring the application and responding to the IP Office until there is a result
Please do not send confidential documents or personal data through the form.
See also IP management for businesses: from establishing rights to commercialisation and enforcement to understand where trademark registration fits in an overall intellectual property strategy.
Sources: National Assembly, Law on Intellectual Property and its current implementing documents; Intellectual Property Office of Vietnam, trademark application handling process; Nice International Classification of goods and services.
This article is for reference. It is compiled from the Law on Intellectual Property of Vietnam and its current implementing documents. It does not replace legal advice on a specific case. For detailed advice, please contact the FC Legal legal team.
Prepared by the FC Legal legal team and reviewed by FC Legal’s managing lawyer. Updated 30 September 2026.
