Can a branding package be registered for protection in Vietnam?
In the process of building a brand, businesses often invest heavily in creating a professional branding package, which may include: brand name, logo, slogan, packaging, primary colors, product design, fonts... However, not everyone fully understands whether this entire branding package can be legally protected, and how to protect it to maximize the company's benefits.
What does a branding package include and why is protection necessary?
A branding package is not just an external image—it is the “face” of the company in the minds of customers. When a business spends millions—even billions of VND—to design its branding package, there’s every good reason to be concerned about registering its protection.
Components of a branding package
A full branding package may include:
Brand name: often matches the company name, product name, or a distinct name used for business.
Logo: the visual symbol representing the brand.
Slogan: a commercial tagline that helps customers remember the brand.
Primary colors, fonts: contribute to brand recognition and image consistency.
Packaging, product design, website interface, company profile, etc.
All the above elements add substantial branding, marketing value and help differentiate the business in a competitive market.
Why register for protection?
Failing to register protection can expose the brand to copying, imitation, or commercial misuse without legal recourse. In many real cases, businesses struggled when others used a similar logo or nearly identical name, causing confusion among customers—and were powerless to act legally due to lack of official protection.
Registering a branding package protects intellectual property and provides legal proof that enables the company to:
Assert ownership over the brand.
Prevent copying and brand infringement.
Enhance brand value in commercial dealings or franchising.
Establish legal grounds to initiate lawsuits or demand enforcement.
Legal forms of protection for each branding element
Each branding element may fall under different domains of intellectual property law. Thus, businesses need to understand each type to register appropriately and avoid refusals or weak protection.
Trademark protection (brand name, logo, slogan): Most common and vital. Under Vietnam’s Intellectual Property Law, a trademark can be words, images, or a combination used to distinguish one enterprise’s goods/services from another’s. Distinctive, unregistered brand name, logo, slogan can be protected as trademarks. Protection lasts 10 years and can be renewed indefinitely.
Copyright protection (logo, slogan, original designs): If the logo or slogan qualifies as a creative artistic or literary work, it can be protected under copyright. While copyright arises automatically upon creation in tangible form, registration provides vital legal evidence in disputes.
Industrial design protection (packaging, product models): If packaging or product design is novel, creative, and industrially applicable, it can be protected as an industrial design—an effective way to secure exclusive rights for distinctive design features.
Can a branding package be protected as a single, unified package?
The answer is no—you cannot register a "complete branding package" as a single, unified entity. You must register each component separately, under its relevant legal form.
However, businesses can still build a comprehensive, coherent protection strategy by:
Registering brand name + logo + slogan as a trademark.
Registering logo and slogan under copyright (if eligible).
Registering packaging and unique product designs under industrial design.
Registering creative website interface (if applicable).
A robust branding package is protected on multiple layers: trademark, copyright, and industrial design (where possible). This enhances intangible asset value and minimizes infringement risks.
DEDICA’s advice: How to effectively register protection for a branding package
With hands-on experience in intellectual property, DEDICA’s legal team shares key guidance for a sound protection strategy from the start:
Clearly identify and assess each component’s protectability: Not everything can be registered. A thorough evaluation for distinctiveness, creativity, and similarity to existing brands is essential.
Register across multiple forms of protection: For example, register the logo under both trademark and copyright to deepen protection.
Monitor and renew protections timely: IP rights like trademarks have valid terms. Stay on top of renewal to avoid losing rights due to negligence.
Proactively respond to infringement: Upon detecting infringement—e.g., similar name or logo—immediately issue a warning, demand cessation, or pursue legal channels. Many businesses lost ownership simply by delaying enforcement.
A branding package is more than creative craft—it’s a legal asset. Registering protection is a strategic and essential investment for sustainable development and brand integrity in a competitive market.
DEDICA Law Firm currently offers consultation and comprehensive representation to register protection for all branding package components. We support businesses from evaluation and strategy planning to executing procedures and enforcing rights in case of disputes.
Contact DEDICA Law Firm for expert legal advice today!
Contact DEDICA Law Firm for expert legal consultation!
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