As Vietnam becomes a magnet for global investment and brand expansion, foreign companies are increasingly seeking trademark protection in the country. However, legal experts warn that without a careful understanding of Vietnam’s intellectual property (IP) system, many applications risk being rejected — both for procedural and substantive reasons.
According to the Intellectual Property Office of Vietnam (IP Vietnam), common causes of refusal range from simple administrative mistakes to more complex issues of distinctiveness and similarity.
Formal Examination: Accuracy and Representation
At the formality stage, even minor errors can lead to delays or outright rejection. Frequent mistakes include:
- Incorrect or incomplete application forms, or failure to submit the required eight identical trademark samples (80×80 mm).
- Improper classification of goods and services under the Nice Classification.
- Incorrect or inconsistent information about the applicant’s name, address, or nationality.
- Filing without a licensed local representative, which is mandatory for foreign applicants.
All non-resident applicants must file through a registered industrial property representative organization, such as Vietnam IP Co., Ltd., (Vietnam IP) duly accredited by the IP Vietnam. Failure to comply will result in procedural invalidation.
Substantive Examination: Distinctiveness and Non-Conflict
Passing the procedural stage does not guarantee approval. During the substantive examination, applications may be refused if the mark is deemed non-distinctive or confusingly similar to existing rights.
Under Articles 73 and 74 of Vietnam’s IP Law, trademarks are rejected if they:
- Are identical or confusingly similar to prior registered marks, trade names, or geographical indications.
- Consist only of descriptive terms, generic symbols, or common shapes.
- Include national flags, emblems, or official insignia without authorization.
- Are contrary to public order, morality, or misleading as to the product’s origin or quality.
- Contain portraits, names, or personal images without consent.
Marks containing foreign words or phonetic similarities—such as “LION” versus “LYON”—are carefully reviewed, as Vietnamese law gives weight to both visual and phonetic confusion.
Well-Known Marks and Prior Use
Vietnam’s IP framework provides broad protection for well-known trademarks, even across unrelated goods or services. Applications resembling globally recognized brands may be rejected to prevent unfair advantage or dilution of reputation.
Expert Guidance and Local Insight
IP specialists advise foreign applicants to:
- Conduct a pre-filing search in the IP Vietnam or WIPO Global Brand Database.
- Develop distinctive brand names or logos that are not descriptive.
- Avoid literal translations of foreign marks that could create confusion.
- Respond promptly to IP Vietnam notices and amendments.
“Vietnam’s IP landscape is maturing rapidly,” said a consultant from Vietnam IP Co., Ltd. “Foreign brands that invest in local expertise and careful pre-filing preparation can significantly improve their chances of successful registration and long-term protection.”
As Vietnam continues integrating into global trade frameworks, trademark registration has become a vital step for any brand seeking to build a sustainable presence in one of Asia’s most dynamic markets.
