In the digital age, a mobile application is not only a tool to reach users but also the brand face of a business. Registering a trademark for technology applications not only helps protect intellectual property rights but also enhances business value in the eyes of investors and customers. However, in order for trademarks to be recognized by law and truly protected, businesses need to clearly understand the legal specifics when registering trademarks for application software in Vietnam.
When it comes to intellectual property in the technology field, many people often think about software copyright registration but ignore the importance of trademarks. In fact, a trademark is an element that identifies products and services, creating prestige and differentiation for applications in the market.
The registration of an application trademark has many points to pay attention to that are different from normal goods:
In the international classification (Nice), technology applications often belong to group 9 (computer software), group 42 (programming and software development services) or group 38 (telecommunications services if they have texting and calling features). However, many businesses only choose one group while the application has multi-industry functions, leading to a narrow scope of protection.
For example, a food delivery application may belong to group 9, but if there are additional services related to logistics or electronic payments, registration needs to be expanded to groups 39 and 36. Inaccurate grouping can cause businesses to lose protection rights in key areas in the future.
A common mistake is choosing an application name that is the same or similar to a protected trademark. This causes the application to be refused or objected to after its publication.
To avoid this situation, businesses should look up the trademark at the National Office of Intellectual Property before submitting the application. A preliminary search tool on the Department's website or through a lawyer specializing in intellectual property will help evaluate the possibility of being granted a protection title and propose more effective solutions if there is a risk of duplication.
Many businesses use domain names or app icons as trademarks but do not check the legality first. Duplicate with other trademarks or symbols can cause unnecessary disputes, or even be forced to remove the application from the App Store or Google Play according to legal requests from third parties.
In addition, application logos, if they have unique visual elements, should be registered with text labels to increase comprehensive protection.
In addition to complying with basic legal steps, businesses need a protection strategy appropriate to the characteristics of technology products, which change rapidly and are easily copied.
In the digital economy, trademarks are not only legal but also assets that can be valued, bought, sold or franchised. Therefore, registration should be associated with a long-term brand development strategy: international expansion, franchising, investment cooperation...
Registering a trademark early from the MVP (minimum viable product) stage can help businesses avoid losing rights when the application begins to have a large user base.
If the application is aimed at foreign markets, businesses can consider registering an international trademark under the Madrid system. This not only saves costs but also creates great leverage when calling for capital or expanding business.
In Vietnam, the trademark registration period lasts about 12–18 months. During this time, trademark announcement and branding need to be carefully managed to avoid violating the rights of others or having the brand "robbed".
Filing an application can be done on your own, but to increase the success rate, many businesses choose to cooperate with a lawyer or law firm with practical experience in trademarks in the technology sector.
A professional legal unit will help:
Consulting on choosing brands suitable for development strategies
Evaluate the possibility of successful registration through in-depth search
Prepare documents according to regulations, avoid errors that can cause the application to be rejected
Monitor application processing progress and handle objections (if any)
Consulting on handling violations and protecting registered trademarks
In the fiercely competitive environment of the application market, protecting trademarks is the way businesses protect their value and creativity. Registering a trademark is not only a legal step, but also a strategic step in the journey of building a sustainable application brand.
Start early and right today, because in the world of technology, the faster person is usually the winner!
Do you have an idea to develop an application and need to protect your brand from the beginning?
Please contact DEDICA, a reputable law firm. We will help you register your trademark quickly, legally and at optimal cost.
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