Why is trademark protection necessary for a pastry shop in Vietnam?

In recent years, the pastry market in Vietnam has been growing rapidly. From small handmade bakeries to upscale chains, all are competing to win a place in the hearts of consumers. But among the many brands springing up like mushrooms after rain, how can you make sure your brand is not “copied”, taken over, or even lost completely?

Clarify the concept of brand and trademark registration in Vietnam
First, it's important to clearly distinguish between brand and trademark, two concepts that seem similar but play very different roles in legal and business contexts.

What is a brand and how can it be protected?
A brand is the sum of the image, value, and impression that customers have when they think of a product or service. It includes the name, logo, visual identity colors, slogan, packaging, customer experience... The brand helps customers recognize and remain loyal to your product.
However, under Vietnamese law, only trademarks can be registered and granted legal protection, while other elements like slogans, packaging designs, or recipes can be protected under copyright, industrial design rights, or trade secrets.

What is a trademark and who has the right to register it?
According to the Vietnamese Intellectual Property Law, a trademark is a sign used to distinguish goods or services of different organizations or individuals. A trademark can be a word, an image, a symbol, or a combination of these. A pastry shop owner can register a trademark for the shop name, logo, symbol, or even distinctive packaging.
Anyone — individual or business — can apply to register a trademark at the Intellectual Property Office of Vietnam, provided the trademark meets conditions such as distinctiveness and does not conflict with or confuse existing registered trademarks.

Procedure to register trademark protection for a pastry shop
If you intend to or are already operating a pastry business, follow these steps to register trademark protection:

Search for trademark eligibility
Before submitting your application, you ought to search whether the brand name or logo you intend to use has already been registered by someone else. This helps you avoid the risk of refusal or being sued later for trademark infringement.
A preliminary search can be done via the Vietnam Intellectual Property Office’s website. But for more accurate results, it's advisable to engage a specialized law firm for in-depth search.

Prepare and submit the registration dossier
A typical trademark registration dossier includes:

  • Trademark registration application form

  • The mark sample to be protected

  • The list of goods/services to which the mark will be applied (e.g. pastries, cakes, accompanying coffee…)

  • Legal documents of the owner (ID card, business registration certificate if it’s a business)

  • Power of attorney (if applying through an industrial property representative)
    The dossier should be submitted to the Intellectual Property Office in Hanoi, or its representative offices in Ho Chi Minh City or Da Nang.

Monitor and respond to feedback from the government authority
The examination process takes 12–18 months, covering formality examination, substantive examination, and publication in the official gazette. During this time, the Office may require amendments, additions, or reject the application if the trademark does not meet the conditions.

In the food industry, especially in pastry shops where competition is increasingly fierce, protecting the brand is no longer optional, but mandatory. Not registering a trademark means leaving your most valuable asset open for others to “pick up”.

If you are ready to build a sustainably strong pastry brand, start with the first step: register trademark protection today.

With an experienced team of lawyers in intellectual property, DEDICA has successfully assisted many businesses in registering trademarks, copyrights, and protecting brand assets effectively and sustainably. Let us help you build and protect your brand from the very beginning.

Contact DEDICA Law Firm for deep legal consultation!
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