Protection of Intellectual Property in Vietnam: How Do Trademark and Copyright Differ?

In the digital age, where every creative idea can become a commercial product, protecting intellectual property has become a matter of survival for businesses. However, many still confuse two familiar concepts: trademark and copyright. Failing to clearly distinguish between them can lead to mistakes in protection strategies, causing businesses to miss optimal opportunities to safeguard their creative achievements.

A trademark (or brand) is a sign used to distinguish the goods or services of one entity from those of another. On the other hand, copyright (also called authorship rights) protects creative works such as books, paintings, music, software, and so on.

Both fall under the scope of intellectual property rights but differ entirely in nature, registration methods, and protection mechanisms. Understanding these differences helps businesses identify the right protection strategy, avoid unnecessary disputes, and save costs in the long term.

Should businesses register copyright or trademarks first?

This is a common question, especially for startups or businesses in the process of building brand recognition. The answer is not simply “whichever comes first”; it depends on the nature of your operation and how you intend to use the intellectual property.

Determine your use-cases before applying

  • If the business is creating software, writing a book, producing videos, or designing graphics—i.e., generating creative works—copyright should be the first legal tool to consider. Registering authorship rights helps prove your legal ownership from the moment the work is created, and provides strong evidence to handle acts of copying or infringement.

  • Conversely, if the business is preparing to launch a product or service with a commercial name, logo, slogan, etc., trademark should be the top priority. Trademark registration not only grants exclusive naming rights, but also serves as a long-term branding tool to enhance recognition and transferability.

Trademark protection or copyright registration – should you do both?

In many cases, a single item may require protection under both trademark and copyright. For example, a self-designed logo can be protected by copyright (as an applied art piece), and should also be registered as a trademark if it’s used as a brand identity symbol.

Therefore, the key isn’t choosing one over the other; it’s determining the right type of intellectual property that needs legal protection—and registering it as early as possible to avoid the risk of another party seizing it.

Notes for registering copyright and trademarks in Vietnam

  • Copyright is automatically protected once the work takes tangible form (under the Intellectual Property Law), but having it registered with the Copyright Office makes it easier to prove ownership in case of a dispute.

  • Trademarks are only protected once granted a certificate by the Intellectual Property Office.

A common misconception among businesses is that registering a domain name or a business license is enough to “reserve a brand name.” Legally, however, if that name is not trademarked, anyone else can file for registration and gain ownership before you.

Moreover, trademark registration in Vietnam can take 12–18 months. During this waiting period, without a clear legal strategy, your business may be “scooped” by someone else—a very common risk in real practice.

Effective intellectual property protection strategy for businesses

A smart strategy includes simultaneously taking these steps:

  1. Register copyright for creative works (logos, packaging designs, software, marketing content…) as soon as they are completed.

  2. Promptly conduct trademark searches and file applications as early as possible for brand names, slogans, product names…

  3. Implement internal measures such as employment contracts and service agreements with clear intellectual property assignment clauses to avoid disputes with staff or suppliers.

  4. When planning international expansion, evaluate the potential to register and protect trademarks in your target countries.

  5. Don’t forget to monitor certificate validity and timely renew—intellectual property rights have an “expiration date.” Forgetting to renew may cause your business to lose the exclusivity you’ve built.

DEDICA – Partnering with businesses on the path to intellectual property protection

At DEDICA, we understand that every intellectual property asset represents creativity, dedication, and long-term investment by a business. Therefore, we don’t just help clients with registrations—we build a comprehensive protection strategy, from search and evaluation of registration feasibility to enforcement and renewal.

If you're indecisive between copyright registration and trademark filing, or if you need a robust, sustainable intellectual property strategy, let DEDICA accompany and advise you with the tailored strategy that’s right for you.

Contact DEDICA Law Firm for in-depth legal advice!
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