Who Can Register a Trademark in Vietnam? What Does a Trademark Application Include?

May 16

A trademark is a valuable intellectual property asset that plays a crucial role in building a business's brand identity and market position. However, not everyone fully understands who has the right to register a trademark or what documents are required in the registration process.

In this article, DEDICA LAW provides a detailed guide to help you navigate the legal framework around trademark registration in Vietnam—covering eligibility, required documents, and application procedures.

1. Who Has the Right to Register a Trademark in Vietnam?

Under Vietnam’s Intellectual Property Law, the right to register a trademark belongs to the following entities:

✅ Vietnamese Individuals and Organizations
Individuals, business households, and domestic companies have the right to file trademark applications for products or services they manufacture or provide.

✅ Foreign Individuals and Organizations
Foreign entities legally conducting business in Vietnam—or acting through a licensed industrial property representative—are also eligible to register trademarks in Vietnam.

🔒 Important Note:
The applicant must be the lawful owner of the trademark or a person/entity who has been assigned the right to file the application.

2. Cases Where Trademark Registration Is Not Allowed

Certain signs are not eligible for trademark protection, including:

Signs that are identical or confusingly similar to registered trademarks;
Signs that directly describe the type, quality, function, or form of the product or service;
Signs that are contrary to public morals or public order;
Signs that mislead consumers about the origin or source of goods/services.

📌 Tip: Before filing, it is highly recommended to conduct a trademark search to avoid rejection due to similarity or duplication with existing trademarks.

3. What Documents Are Required for Trademark Registration?

To apply for trademark protection in Vietnam, the applicant must prepare a dossier in accordance with the Vietnam Intellectual Property Office (NOIP) regulations. A complete application includes:

Trademark application form (using the official template);
Trademark specimen with a list of goods/services to be covered;
Proof of fee payment;
Documents proving the right to file (in case of assignment, inheritance, etc.);
Power of attorney (if applying through an IP representative);
Priority documents (if claiming priority rights under international treaties).

4. Where to File a Trademark Application?

Applicants may submit their trademark application through one of the following methods:

In person or by post to:
- The head office of the Intellectual Property Office in Hanoi;
- The representative offices in Ho Chi Minh City or Da Nang.
Online submission via the official portal:
👉 https://dvctt.noip.gov.vn

5. Trademark Application Processing Time

⏳ As regulated by law, the application process includes:

Formality examination: within 1 month from the filing date;
Publication of valid application: within 2 months of acceptance;
Substantive examination: up to 9 months from the publication date.

➡️ Estimated total duration: 12 to 15 months, provided there are no errors or oppositions.

Conclusion

Registering a trademark is not only a means of protecting your intellectual property but also a strategic tool for enhancing competitiveness in today’s marketplace. Knowing who is eligible to register, understanding the required documents, and properly following the registration procedures will help businesses and individuals avoid legal risks and save valuable time.