How to Expedite your Trademark Registration in Vietnam

Introduction

The trademark registration process in Vietnam often takes a considerable amount of time due to the increasing number of applications and the increasingly stringent examination standards. Many applications are delayed or refused because they fail to fully comply with the legal and practical requirements of the Vietnam Intellectual Property Office (hereinafter referred to as “IP Vietnam”).

Based on the current legal framework and practical experience, this article provides detailed guidance on how to file trademark applications effectively, minimize the risk of refusal, and shorten the examination timeline.

Below are eight (08) key factors, arranged in accordance with the stages of the trademark registration process, to assist applicants in preparing compliant application dossiers and reducing risks when registering trademarks in Vietnam.

1. Conduct a Pre-filing Trademark Search

Under the Law on Intellectual Property, a trademark may be refused protection if it is “identical with or confusingly similar to” a trademark that has already been protected or previously filed for identical or similar goods or services (Article 74 of the IP Law). In addition, a trademark is not eligible for protection if it lacks distinctiveness or consists of signs that are directly descriptive of the goods or services (Article 73 of the IP Law).

Although trademark searches are not legally mandatory prior to filing, in practice, most refusal decisions result from the applied-for trademark being identical or confusingly similar to an earlier registered or filed trademark for identical or similar goods or services, or from the trademark’s failure to satisfy the statutory distinctiveness requirements.

Accordingly, conducting a trademark search prior to filing is a crucial step to assess the registrability of the mark, reduce the risk of refusal, and optimize both time and cost throughout the registration process.

Example: A company intends to register the trademark “DOMY” for coffee retail services (Class 35 under the Nice Classification). A search conducted on the WIPO Global Brand Database or IP Vietnam’s IP-Platform reveals three similar trademarks already registered in the same service class. This allows the company to modify the mark’s design, add distinctive elements, or limit the scope of protection to avoid conflicts. Without conducting a prior search, the application would have a high likelihood of refusal or prolonged examination due to the need for explanations or amendments.

Benefits of conducting a pre-filing trademark search:

• Assessing registrability at the preparation stage;
• Adjusting the trademark design (word elements, figurative elements, colors);
• Limiting or restructuring the list of goods/services to reduce conflicts with earlier applications;
• Saving costs and processing time.

2. Accurate Classification of Goods and Services under the Nice Agreement

Pursuant to the Law on Intellectual Property and its implementing regulations, a trademark application must include a list of goods and/or services classified in accordance with the International Classification of Goods and Services for the Registration of Marks under the Nice Agreement (Articles 100, 101, and 105 of the IP Law; Clause 2 Article 28 of Decree No. 65/2023/ND-CP). Classification must follow the current version of the Nice Classification (Nice Classification – Edition 13-2026).

The list of goods and services determines the scope of trademark protection. In practice, incorrect classification or inappropriate descriptions of goods/services frequently result in IP Vietnam issuing a notice of intended refusal of acceptance of the application as formally valid, requesting amendments or supplements within the statutory time limit. This prolongs the formality examination stage and affects the overall process of establishing trademark rights (Article 109 of the IP Law).

To mitigate risks, the list of goods and services should be described specifically, clearly, and in line with the applicant’s actual business activities, avoiding overly broad or vague descriptions exceeding the intended scope of use. Where a trademark is registered for multiple classes, each class must be accurately declared under the Nice Classification, and the corresponding official fees must be paid for each class in accordance with the regulations on fees and charges (Circular No. 63/2023/TT-BTC).

Example: A company applies to register the trademark “VEMAX” for two-wheeled electric vehicles in Class 12 (land vehicles). If the goods are incorrectly declared, for example under Class 07 (machinery) or described too broadly as “various types of equipment and vehicles,” IP Vietnam will request clarification and amendment of the goods/services list. This may prolong the formality examination and delay application processing.

3. Submitting a Complete Power of Attorney at the Time of Filing

Under the regulations on representation in industrial property matters, foreign organizations and individuals not residing in Vietnam are required to file trademark applications through a licensed industrial property representative in Vietnam. Vietnamese organizations and individuals may file applications directly or through a representative, depending on their preference (Article 12 of the IP Law; Article 7 of Decree No. 65/2023/ND-CP).

By law, the applicant may submit a Power of Attorney (POA) within one month from the filing date. If the POA has not been submitted and IP Vietnam issues a notice of formal deficiencies, the applicant may supplement the POA within two months from the date of receipt of such notice. However, in practice, submitting a complete POA at the time of filing helps avoid formality deficiency notices, ensures continuous processing of the application, and minimizes the risk of suspension due to missing mandatory documents.

A POA is considered valid if it bears the signature of the applicant or its lawful representative. For foreign applicants, notarization, consular legalization, or Apostille certification of the POA is not required. If the POA is executed in a foreign language, a Vietnamese translation must be submitted in accordance with examination requirements.

Example: Company ABC (Korea) files a trademark application in Vietnam through an industrial property representative. If ABC fails to submit a duly signed POA at the time of filing, IP Vietnam will issue a formality deficiency notice requesting supplementation within the statutory time limit. During the supplementation period, the application will be suspended, typically resulting in a delay of 2–3 months in the examination process and the establishment of trademark rights.

4. Ensuring Clear Distinctiveness of the Trademark

Under the IP Law, a sign eligible for protection as a trademark must be capable of distinguishing the goods or services of one entity from those of others (Article 72 of the IP Law). Signs that are directly descriptive, commonly used terms in a business field, or natural shapes of goods are not protectable as trademarks (Article 73 of the IP Law).

Common cases of refusal due to lack of distinctiveness include:

• Signs directly describing characteristics, quality, use, or origin of the goods/services (e.g., “Delicious Coffee,” “Pure Water,” “Fragrant Rice”);
• Generic or promotional terms commonly used in the industry (e.g., “Express,” “Premium,” “Deluxe”);
• Natural shapes of goods or standard packaging;
• Signs consisting solely of numerals or single letters without distinctive elements.

Example:

• The trademark “Pure Fresh Milk” for milk products (Class 29) would be refused as it directly describes the nature of the goods;
• The trademark “Café Arabica” for café services may be refused because “Arabica” is a common coffee variety name.

To enhance registrability, applicants should prioritize creative or fanciful signs and avoid terms that directly describe the goods or services. Combining word elements with distinctive figurative elements, unique designs, or characteristic colors is a common strategy to increase distinctiveness and reduce refusal risks during substantive examination.

5. Timely and Effective Response to Examination Office Actions

During substantive examination, if IP Vietnam determines that a trademark may not satisfy protection conditions, it will issue a notice of intended refusal and invite the applicant to submit opinions (Article 103 of the IP Law). The applicant has the right to provide explanations, amendments, or supplementary arguments within the prescribed time limit from receipt of the notice, which may be extended upon a valid request (Article 19 of Decree No. 65/2023/ND-CP).

Principles for effective responses:

• Respond within the statutory deadline to avoid the application being deemed withdrawn;
• Provide clear arguments supported by legal grounds and examination practice;
• Submit supporting evidence where necessary (e.g., proof of use, market recognition, product images, explanations of the mark’s distinctive meaning);
• Avoid amendments that alter the essential nature of the trademark;
• If full protection is not feasible, consider narrowing the scope of goods/services to increase the likelihood of acceptance.

Example: IP Vietnam issues a notice of intended refusal for the trademark “ABC” due to similarity with the earlier registered mark “ABD” for the same goods. The applicant may argue: (1) differences in visual appearance and pronunciation; (2) differences in target markets and customer segments; and (3) submit evidence of actual use without confusion. A well-prepared response can reduce examination rounds and improve approval chances.

6. Regular Monitoring of Application Status and Timely Action

Regularly monitoring the status of a trademark application via IP Vietnam’s IP-Platform, as well as communicating directly with the assigned examiner, enables applicants to promptly identify notices of formal deficiencies, intended refusals, or requests for additional documents and respond within statutory deadlines.

Failure to monitor application status may result in missed deadlines, causing the application to be deemed withdrawn under the law (Article 115 of the IP Law). Tracking progress also allows applicants to align business planning with each stage of the registration process.

Official notices from IP Vietnam are sent either through the industrial property representative (if any) or directly to the applicant. Additionally, within two months from the publication date of the application in the Industrial Property Gazette, third parties may file oppositions; therefore, close monitoring during this period is particularly important (Article 112 of the IP Law). Once granted, a trademark protection certificate is valid for ten years from the filing date and may be renewed indefinitely for successive ten-year periods (Article 93 of the IP Law).

7. Compliance with Language and Content Requirements

Under regulations on language used in trademark applications and industrial property procedures, all documents in the application dossier must be prepared in Vietnamese. If any document is in a foreign language, a Vietnamese translation must be submitted for examination purposes (Article 15 of Decree No. 65/2023/ND-CP).

Content requirements for trademarks:

• Must not violate public order or social morality (Point a, Clause 1, Article 73 of the IP Law);
• Must not be misleading or deceptive regarding origin, quality, use, or other characteristics of the goods/services;
• Must not include national flags, emblems, or anthems of countries, or symbols of international organizations, unless permitted by competent authorities;
• Must not be identical or similar to protected geographical indications if such use may cause confusion as to geographical origin;
• Must not include names, pseudonyms, or images of individuals without lawful consent;
• Must not infringe trade names, copyrights, or other intellectual property rights of third parties.

Proper preparation of documents in the correct language and ensuring compliance with content requirements help avoid refusals or prolonged amendment procedures.

8. Keeping Up to Date with the Latest Legal Developments

The amended Law on Intellectual Property in 2022 (Law No. 07/2022/QH15) introduced significant changes directly affecting trademark registration and protection. Furthermore, the Law on Intellectual Property amended in 2025 has been passed by the National Assembly and is expected to take effect on 1 April 2026, further refining the intellectual property legal framework. Notable changes include provisions on non-traditional trademarks such as sound marks, adjustments to examination timelines and procedures, revisions to complaint and dispute resolution mechanisms, and strengthened IP enforcement measures.

To ensure compliant and risk-minimized trademark registration, applicants should regularly update themselves on legal developments and examination practices, including:

• Newly issued or amended legal instruments;
• Relevant implementing decrees and circulars;
• Recent examination practices of IP Vietnam reflected in approval and refusal decisions;
• Information published in the Industrial Property Gazette and on IP Vietnam’s official website.

Conclusion

Optimizing the trademark registration process in Vietnam is not achieved through a single measure but requires a coordinated approach, including proper dossier preparation from the outset, thorough understanding of legal and practical requirements, and proactive monitoring and handling of issues arising throughout the examination process.

Strict compliance with the above recommendations enables organizations and individuals to minimize refusal risks, shorten processing timelines, reduce additional costs, and enhance the likelihood of obtaining a trademark protection certificate in a stable and effective manner. As a result, the legitimate rights and interests of trademark owners are better protected in business operations and market competition.

Where professional assistance is required, organizations and individuals are advised to consider engaging licensed industrial property representative service providers or seeking specialized legal advice to ensure that trademark registration and protection are carried out in full compliance with the law and achieve optimal results.

Reference

1. Law on Intellectual Property No. 50/2005/QH11 dated 29 November 2005, as amended and supplemented by Law No. 36/2009/QH12, Law No. 42/2019/QH14, and Law No. 07/2022/QH15.
2. Decree No. 65/2023/ND-CP dated 31 August 2023 of the Government detailing certain articles of the Law on Intellectual Property on industrial property.
3. Circular No. 23/2023/TT-BKHCN dated 30 November 2023 of the Ministry of Science and Technology guiding the implementation of certain provisions of the Law on Intellectual Property on industrial property.
4. Circular No. 63/2023/TT-BTC dated 16 October 2016 of the Ministry of Finance on the collection, payment, management, and use of industrial property fees and charges.
5. Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Marks (Nice Classification – Edition 12-2024).
6. Vietnam Intellectual Property Office, official website: https://ipvietnam.gov.vn.
7. IP-Platform trademark search system of the Vietnam Intellectual Property Office: https://ipvietnam.gov.vn/ip-platform.