How to Protect the Brand of a Confectionery Company in Vietnam?
In the confectionery industry, where creativity and brand personality are vital, building and protecting a brand is not just an option but a prerequisite for survival and sustainable growth. In an increasingly competitive market with more sophisticated consumers, a catchy name and beautiful packaging are no longer enough. Your brand must be legally protected to prevent imitation, counterfeiting, and intellectual property disputes.
Why Confectionery Businesses Need to Protect Their Brand from the Start
A brand is an intangible asset but carries tremendous value for a business. For confectionery companies, where packaging colors, product names, and slogans can become powerful selling points, protecting the brand early helps to:
Prevent competitors from copying ideas, packaging, or trademarks;
Establish a strong legal foundation in case of disputes;
Facilitate franchising and domestic/international market expansion;
Increase company valuation when seeking funding, selling shares, or conducting an IPO.
Unfortunately, many small or startup companies ignore this step, thinking they can “do it later,” only to rush to register protection after a dispute arises—often when it is already too late.
Key Steps to Effectively Protect a Confectionery Brand
1. Register Your Trademark with the Intellectual Property Office
This is the first and mandatory step if you want legal protection in Vietnam. Registration should be done as early as possible, once you have a name, logo, and slogan.
Important tips:
The trademark must not be identical or confusingly similar to previously registered trademarks.
Conduct a trademark search before filing.
You may register the company name, product name, packaging image, and slogan.
2. Protect Packaging Design and Recipes (If Eligible)
In the confectionery sector, packaging design, mascots, or even unique product shapes (e.g., heart-shaped cookies, bear-shaped candies) may qualify for protection as industrial designs or copyrights if sufficiently original.
If your company owns exclusive recipes (e.g., sugar-free marshmallow, low-fat cookies), you may consider protecting them as trade secrets under the IP Law.
3. Monitor and Enforce Your Rights
Once protection is granted, monitor the market for infringements:
Register your brand with e-commerce platforms and supermarket chains.
Monitor social media and industry groups for potential copycats.
If violations are found, follow steps: send warning letters, request cease & desist, and if necessary, litigate or seek administrative penalties.
4. Protect Your Brand Internationally
If you plan to export to markets like China, Japan, the EU, or the US, international trademark registration is essential.
You may use the Madrid System or file directly in each country. Because of cost and complexity, seek advice from experienced IP lawyers.
Special note: Some countries (e.g., China) strictly apply the “first-to-file” principle, meaning whoever files first gets the rights—even if you are the original owner in Vietnam.
5. Build a Long-Term Brand Protection Mindset
Brand protection should be part of a long-term strategy:
Draft clear contracts with manufacturers and distributors to safeguard IP and confidentiality.
Train staff and partners to recognize brand risks.
Regularly review and renew trademark registrations.
Ensure marketing campaigns avoid infringing others’ IP.
DEDICA – Your Legal Partner for Confectionery Brand Protection
At DEDICA, we not only handle trademark, industrial design, and copyright registrations but also support companies throughout their brand-building and protection journey, domestically and internationally.
Our experienced lawyers have helped numerous food, beverage, and FMCG businesses craft cost-effective, comprehensive legal brand protection strategies.
📞 Contact DEDICA today for a tailored legal strategy to protect your confectionery brand!
Hotline: (+84) 39 969 0012 (WhatsApp, WeChat, Zalo)
Head Office: 144 Vo Van Tan, Vo Thi Sau Ward, District 3, Ho Chi Minh City
Working hours: Monday – Friday (8:30 – 18:00)
