Vietnam follows a “first-to-file” system, which means that registering a trademark is mandatory if you want to obtain protection and exclusive rights. In Vietnam, rights generally belong to the first applicant, not the first user. Although well-known trademarks may receive protection without filing, this is an exception and should not be relied upon.
Because of this, registering a trademark in Vietnam is essential to secure enforceable ownership over your:
- Brand name
- Logo
- Business or product name
- Packaging
- Labels
A registered trademark in Vietnam provides:
- Exclusive nationwide rights
- A stronger legal position in case of infringement
- Proof of ownership for marketplaces and digital platforms
- Increased customer trust and brand credibility
- Long-term protection as your business expands in Asia and internationally
Trademark applications must be filed before the National Office of Intellectual Property of Vietnam (NOIP). Vietnam is also a member of the Madrid Protocol, allowing protection through an international application via the Madrid System.
Prior use is not required to file or obtain registration in Vietnam. However, extensive previous use can help demonstrate acquired distinctiveness if NOIP raises objections related to descriptiveness or lack of distinctiveness.
If you register a combined trademark (word + logo), your exclusive rights apply only to the exact configuration filed. If you also wish to protect the word element or the figurative element independently, you should file separate applications for each version.
For any business expanding in Southeast Asia, Vietnam trademark registration is a key component of a strong, defendable brand protection strategy.