I. How does Vietnam’s intellectual property system work?
Vietnam’s Intellectual Property (IP) system allows legal ownership of an idea or creation by an individual or company, thus providing you with exclusive rights to said property. In Vietnam, intellectual property can be registered depending on the specific industry that encompasses that category of IP and the particular type of creation or idea.
For foreign investors and entrepreneurs, trademarks are the most commonly sought-after IP protection, as it concerns branding elements for your products and services. There are five main categories of trademarks recognized under current Vietnamese law:
1. Trademark: Type of IP used to link a product or service to a specific organization or individual.
2. Collective mark: Distinguishes products or services of members versus non-members within an organization that owns the mark.
3. Certification mark: Granted by a mark owner to a third party, thus authorizing them to use characteristics of the original mark.
4. Associate mark: Registration of multiple identical or similar marks by one entity to use on related goods or services.
5. Well-known mark: A pre-established mark that is widely known by Vietnamese consumers.
II. Accepted forms of trademark registration in Vietnam
A trademark is a sign distinguishing the goods or services of one enterprise from others. Several different types of business trademarks can be registered in Vietnam, although there are certain restrictions. LEXICA LLC can help you determine whether your trademark is eligible for registration, as well as avoid potential factors that can lead to disqualification of your trademark.
1. Allowed forms of trademarks:
• Numerals
• A word or combination of words
• Letters Shapes (including three-dimensional signs)
• Drawings
• Symbols
• Sounds
• Any combination of the above
2. Restricted / prohibited forms of trademarks:
• Scents
• Imitations of the following:
— Coins
— Titles
— Bank notes (Union, State, Federal district, Territory, Municipality, County)
III. Why should you register a trademark in Vietnam?
Vietnam operates through a first-to-file trademark registration policy, meaning that whoever registers a brand first gains exclusive rights to it. This underscores the importance of protecting your brand when establishing your company in Vietnam, as registration protects others from using or imitating your trademark in the Vietnamese market.
The most common scenarios requiring trademark registration are the following:
• You are interested in expanding to Vietnam and have already registered a trademark in a different market
• You want to avoid the theft of a trademark (applies to internationally recognized brands)
Without trademark registration, it is common for companies in Vietnam to see that someone else is using their trademark without authorization. Vietnam does not protect unregistered trademarks if someone has misrepresented their goods or services as belonging to a certain brand. Registering a trademark is therefore the only way to gain legal protection for your IP.
IV. Trademark registration process in Vietnam
1. Requirements for registering your intellectual property in Vietnam
You can conduct trademark registration in Vietnam directly after setting up your legal entity in Vietnam, or you can register your brand without an established presence through a local representative, which LEXICA LLC can provide. Trademark application requires that you provide the following information regarding the mark for which you are applying:
• A completed application form;
• Foreign applicants must provide a power of attorney;
• At least 5 images of the trademark;
• A detailed listing of all the products and services included under the trademark;
• All information must be in Vietnamese language.
Our local team can manage the application process in your stead. The trademark is generally granted for 10-year periods but can be extended indefinitely. Remember that certain products may be subject to additional regulations. LEXICA LLC can help you with product registration with the Vietnamese equivalents of the Food and Drug Administration (FDA) for regulated goods.
2. How to register your trademark in Vietnam
Trademark registration in Vietnam can be a straightforward process if you understand the local market and current regulatory requirements. By partnering with our trademark registration service, our local team will properly protect your brand for your market expansion through our comprehensive process:
1. Our experts will conduct a preliminary trademark search to ensure that no similar brands already exist and advise you on what elements you should register.
2. We will determine whether your products need to be registered with regulatory agencies and, if so, we can handle the product certification process.
3. We will help you secure all necessary documentation, as well as review all pieces of your application.
4. We will submit and monitor your application, and provide you with your trademark certificate of registration once accepted.
V. Understanding the difference between national and international trademark registration in Vietnam
Vietnam is an official member of the World Intellectual Property Organization (WIPO), meaning that it is possible to apply for both local and international trademarks. If you intend on expanding your operations into other Southeast Asian countries, then it is more cost-effective to register an international trademark, but this can also be done later after registering a local trademark. In South-East Asia it is possible to simultaneously register for a trademark in:
• Vietnam
• Singapore
• Cambodia
• Laos
• Philippines