Vietnamese businesses face risks when their brand is infringed
In an ever‑more competitive market, a business’s investment in building a brand is essential to establish its position and leave a distinct impression in consumers’ minds. However, many companies in Vietnam find themselves in a predicament where their brand—a valuable intellectual property—gets blatantly copied, seriously undermining reputation, revenue, and sometimes even viability.
Brand imitation isn’t just widespread in fashion and cosmetics; it also spreads across manufacturing, services, and technology sectors. Without proactive protective measures from the start, businesses easily fall into a passive position and may lose legal ownership over their own brand.
What should you do to protect your brand from imitation?
Protecting a brand effectively goes beyond a one‑time trademark registration. It requires a strategic, ongoing effort with guidance from legal experts.
Understand key intellectual property concepts and scope
First, businesses must grasp core concepts of intellectual property—trademarks, industrial designs, patents, copyrights… For companies, the priority is typically protecting the brand name, trade name, logo, slogan, and packaging.
Registering a trademark with the National Office of Intellectual Property of Vietnam is a critical first step to affirm legal ownership and provide a solid legal basis in case of disputes.
Build a comprehensive brand protection strategy
Beyond domestic registration, companies aiming to expand internationally should consider registering trademarks in countries where products will be sold. In the digital age, protecting domain names, social media handles, brand identity visuals… is also part of a holistic strategy.
A common mistake is waiting until infringement occurs to take action. Being proactive with a brand management plan early on saves time and money, and preserves brand credibility.
What to do when you discover brand infringement?
Timely detection and response to infringement are crucial to protecting your brand.
Collect evidence and assess infringement severity
Once you detect signs of copying—on products, packaging, or websites—quickly collect evidence: product photos, ads, invoices, social media posts… This evidence is essential for legal action or administrative complaints.
Then assess whether the infringement is serious or likely to cause confusion. Based on that evaluation, choose an appropriate response: issue a cessation request, demand compensation, or file a lawsuit.
Pursue administrative enforcement or file a lawsuit
Depending on severity, businesses can request action from the Market Surveillance Department, the Inspectorate of the Ministry of Science & Technology, or the economic police. Administrative enforcement is fast, low‑cost, and effective.
For compensation or stronger deterrence, filing a civil lawsuit is more comprehensive. It requires thorough preparation of evidence, legal arguments, and trial representation.
The lawyer’s role in protecting your brand
Not all businesses have the resources to navigate complex legal procedures themselves. Working with a reputable legal advisor helps save time and cost, and improves success prospects.
With expertise in intellectual property, DEDICA supports businesses from trademark registration to handling unfair competition and representing clients in court disputes. We offer not only legal services but also strategic guidance tailored to each business’s branding goals.
Proactive prevention – a sustainable strategy for brands
A strong brand stems not only from creativity and product quality, but also from robust legal protection. Businesses must raise awareness about intellectual property and establish a “legal barrier” around their brand.
A brand is an intangible asset with tangible value. Any negligence in brand protection can lead to serious financial losses and damage to reputation.
DEDICA proudly stands as a legal partner accompanying businesses in developing and safeguarding their intellectual property. We provide full-service legal advice and representation—from trademark registration to brand infringement disputes.
Contact DEDICA Law Firm today for in-depth legal consultation and tailored brand protection strategies!
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