How should a Vietnamese company proceed when its trademark application is refused?

Registering a trademark is one of the first and most important steps to protect a company’s intellectual property assets. However, not every application is approved immediately. A refusal can cause considerable concern, especially if significant resources have been invested in building the brand. If you face this situation, don’t worry – it’s not the end. The article below helps you understand the reasons for refusal and offers effective strategies to revive your trademark.

Why might a trademark application be refused?
Although Vietnam’s trademark application process has been improved, it remains quite strict. Refusals usually stem from common causes:

Lack of distinctiveness
One of the most common reasons the Intellectual Property Office refuses a trademark application is a “lack of distinctiveness.” This occurs when a trademark is too generic, merely describes goods/services, or overlaps with a sign that consumers already recognize.
For example, if you file “Clean Coffee” as a trademark for coffee products, it is highly likely to be rejected because that phrase is descriptive and lacks differentiation.

Similarity or confusion with registered trademarks
If proper research isn’t done before filing, your trademark may be considered “confusingly similar” to one already registered. This not only leads to refusal but risks opposition from the holder of the earlier mark.

Use of prohibited words or symbols
Under Vietnam’s Intellectual Property Law, certain words and images—such as national flags, national emblems, or culturally sensitive symbols—are prohibited. Businesses should carefully consider legal and cultural factors when designing a mark.

Inconsistent application materials
Even a minor technical error—like a mismatch between the trademark description and its attached graphic—can result in rejection. Many businesses underestimate this step and pay with time and costs.

What steps should a company take when its trademark is refused?
Regardless of the reason for refusal, the most important thing is not to give up but to respond strategically. Below are key steps companies should take to turn things around:

Carefully analyze the reason for refusal
As soon as you receive the refusal notice from the Intellectual Property Office, review the stated reason thoroughly. This forms the basis for deciding your next move—whether to respond, amend, or refile with a new strategy.

Consult with an intellectual property lawyer
This is when professional help is crucial. An experienced IP lawyer will reassess the application, conduct trademark searches, and propose the appropriate path: opposition, amendment, or filing a new application.

DEDICA Law Firm has supported many businesses in similar situations—some initially refused, but later successfully granted protection following effective response strategies.

Submit a response letter and defend your position
If you believe your trademark merits protection, you may submit a formal response (in writing) against the refusal decision, including legal arguments and supporting documents. This must be professionally prepared, clearly presented, and submitted within the deadline—usually one month from the notice date.

Revise and refile the application
In many cases, modifying part of the trademark or changing the class of goods/services can help overcome rejection. A lawyer can help restructure the mark to retain your brand idea while ensuring it meets legal criteria for protection.

Consider registering a new trademark or adding distinctive elements
If your current mark is too similar to others, sticking with it may only waste time. In such cases, consider creating a new, more distinctive trademark or combining additional elements (logo, creative wording) to enhance recognition and reduce risk of refusal.

Important considerations for the next trademark filing
Learning from a refusal teaches you to tighten your process from the start to save cost and time:

Conduct comprehensive clearance searches before filing
Invest time in searching existing trademarks to ensure your mark is not identical or confusingly similar. This is critical in Vietnam and essential if you plan to expand internationally.

Seek strategic legal advice early
Many businesses file trademarks based on intuition without long-term legal or strategic assessment. A sound plan helps you pick a mark that is legally protectable, easy to communicate, and low risk.

Proactively build a unique brand identity
A brand is more than a name—it’s emotion, story, and promise. A truly distinctive mark aligned with your company values has greater chances of protection.

A refusal is not failure—but a reminder that you need a stronger strategy. With support from DEDICA’s legal experts, dozens of businesses have turned setbacks into successes and secured their intellectual property.

Facing issues with trademark application or refusal? Let DEDICA assist you with application review, strategic advice, and full support until your brand is properly protected.

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