TRADEMARK APPLICATION FILING IN
Vietnam

The Intellectual Property Office of Vietnam is the authority responsible for handling and administering trademark applications in Vietnam. Vietnam follows a first-to-file system, meaning trademark rights are generally granted to the party that files the application first. Vietnam has been a member of the World Intellectual Property Organization (WIPO) since 1976 and actively participates in several international IP treaties. Through this involvement, the country works to bring its intellectual property laws in line with international standards and strengthen the protection of IP rights. The Vietnamese government also continues to improve its trademark framework through legislative updates and cooperation with international organizations to ensure a more effective and reliable IP system.

The TM registration in Vietnam may be filed offline or through the online portal of Intellectual Property Office of Viet Nam (formerly NOIP).

Multi-class TM applications are allowed by the Intellectual Property Office of Viet Nam

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Certified priority document*;

*If priority is being claimed, a Certified Priority Document in Vietnamese must be submitted within three months from the filing date;

• Power of Attorney*;

*An original Power of Attorney must be submitted within one month from the filing date.

The official language for trademark proceedings in the Vietnam is Vietnamese.

The TM registration in Vietnam commence with the filing of application either directly or by mail to the IP Office of Vietnam. Upon submission, the application undergoes a formal examination to verify compliance with the filing requirements. If any discrepancies identified, the applicant is given a one month period to amend the documents. If formal requirements are satisfied, NIPO will issue a Notice of Acceptance. Within two months from the date of acceptance, the TM will be published in the Industrial Property Official Gazette for five months. Following publication, a substantive examination will be conducted within six months from the publication date to assess the registrability of the TM including descriptiveness and whether it conflicts with any prior registered mark. If any objection arises during substantive examination, the applicant will receive an official notice from the NIPO and the applicant has to submit a response/appeal within three months from the date of notification. However, if no objection is raised or if the examiner is satisfied with the response, the application will proceed to registration. The NOIP will then issue a notification of its intention to grant the TM and subsequently will issue a registration certificate.

The opposition phase begins when a third party submits a notice of opposition within the prescribed period of five months from the date of publication. Upon receipt of the opposition, the NOIP serves a copy of the notice to the applicant. The applicant is required to file a counterstatement in response to the opposition within one month from the date of notification. After the submission of counterstatement from the applicant, opponent has to file a counter-response. Thereafter, NOIP may request for the submission of evidence from both parties and if necessary, they will also schedule the hearing. Accordingly, they will make a decision either to allow or reject the application.

A trademark registration in Vietnam is valid for a period of ten years. The trademark must be renewed within six months prior to the expiration of trademark registration.

A registered trademark must be used within the period of five consecutive years from its registration. If the trademark is not used during this period, it may be subject to cancellation if applied by any third party.

The trademark registration in Vietnam normally takes twelve to twenty four months in straightforward applications.

Vietnam continues to focus on encouraging the creation and commercial use of intellectual property. Recently, WIPO and IP Office of Vietnam signed a Memorandum of Understanding (MoU) on intellectual property cooperation to boost intellectual property cooperation and innovation goals within the country. According to WIPO statistics (2024), the total number of trademark filings rose by 5.3%, and placed at 8th place in Asia and 2nd place in Southeast Asia in terms of filings reflecting the Vietnam strengthening position in the field of IP protection.