# Vietnam Trademark Guide: Filing Procedure and Practical Considerations

Vietnam is a major market for Korean businesses. Expansion in cosmetics, food, clothing, household goods and manufacturing makes local trademark protection increasingly important.

Source: https://www.iplexlaw.co.kr/en/blog/1519877

HOME / NEWS & INSIGHTS NEWS & INSIGHTS Vietnam Trademark Guide: Filing Procedure and Practical Considerations Vietnam is a major market for Korean businesses. Expansion in cosmetics, food, clothing, household goods and manufacturing makes local trademark protection increasingly important. Overseas Trademarks 2026.08.10 published IPLEX 5 min read Hello, this is IPLEX IP Law Firm. Vietnam is a major market for Korean businesses. Expansion in cosmetics, food, clothing, household goods and manufacturing makes local trademark protection increasingly important. Where manufacturing and distribution are planned together, a third party may try to register the brand locally first. Trademark protection should therefore be considered when planning market entry, rather than immediately before product sales. So, what is the difference between Vietnam's trademark system and ours, and what should we check when preparing an application? In Vietnam, ‘filing first’ is more important than ‘using first’. Vietnam adopts a first-to-file system. This is a system in which, when multiple people want to use the same or similar trademark, the person who files first secures the trademark rights, regardless of the actual time of use. Therefore, even if the brand is already in use in Korea, it may have difficulty securing rights if the application is delayed in Vietnam. If you are planning to enter the Vietnamese market, it is important to prepare your trademark application as early as possible. Additionally, it is possible to file a multi-class application designating multiple product classes together in one application. Companies that want to protect multiple product lines or services together can secure the scope of rights more efficiently. However, as the number of designated classes increases, official fees may be added accordingly. The Vietnamese trademark registration process is different from Korea. Vietnam trademark applications generally proceed through the following procedures: Application → Formal examination → Application notice (opposition period) → Substantive examination → Registration decision and issuance of registration certificate The most noteworthy part of this is that the application announcement is conducted before the substantive examination. In Korea, applications are published after substantive examination. In Vietnam, an application is published within two months after acceptance as formally valid; that publication timetable is distinct from the five-month period for filing a trademark opposition. Substantive examination assesses matters such as distinctiveness and conflicts with earlier rights. When submitting an application to the Vietnam Office of Intellectual Property (NOIP), the applicant must clearly state the trademark and the scope of goods or services for which it seeks protection. It generally takes about 12 months from application to registration, but it can take up to 2 to 3 years or more, and even when using the Madrid international application, it can take up to 1 year and 6 months, so it is recommended to prepare with sufficient time in mind. Practical precautions that must be checked at the application stage 1. The standards for assessing distinctiveness are relatively strict. In Vietnam, the distinctiveness of trademarks is strictly reviewed. Common words, geographical names, Chinese characters, etc. may be judged to lack distinctiveness and may be rejected for registration. In practice, an application for a trademark containing Chinese characters may receive a disclaimer requirement. Depending on the circumstances, applicants can consider adding a logo or other design elements. In addition, a strategy of applying for the entire product packaging as a single trademark instead of applying for only the text or logo is sometimes used. If the packaging design itself is distinctive, it can help secure rights. 2. It is recommended that the product name be as specific as possible. Vietnam also applies the internationally used Nice classification, but actual screening often requires specific product names rather than comprehensive expressions. For example, rather than listing 'cosmetics', specifying detailed items such as 'skin lotion', 'essence', and 'sunscreen' may help reduce the likelihood of rejection. Rights management continues even after registration. The duration of a trademark registered in Vietnam is 10 years from the date of application, after which it can be continuously renewed in 10-year increments. Renewal is possible by paying the fee on time, and no separate documents are required. However, registering a trademark does not mean that rights are maintained permanently. In Vietnam, a third party may request cancellation of a trademark that has not been actually used for more than 5 years after registration due to non-use. Therefore, it is important to continue to use the trademark and manage related materials even after registration. In addition, both pending trademarks and registered trademarks can be transferred, and the transfer of only certain designated goods or services is permitted. Additionally, you can set up licenses for some or all designated goods, allowing you to flexibly utilize rights according to your business strategy. Although trademark indication (™ or ®) is not legally required, you may consider using it to notify people that trademark rights exist and to prevent disputes. Vietnam is a member of the Madrid Protocol, so if you want to protect your trademark in multiple countries simultaneously, you can also choose to utilize the Madrid international filing system. Vietnamese trademark registration has some similarities to the domestic application process, but there are many practical differences, such as the first-to-file principle, differences in examination procedures, standards for determining distinctiveness, and method of writing down product names. Therefore, rather than simply preparing based on domestic trademark registration experience, it is important to thoroughly review the characteristics of the Vietnamese system and then establish an application strategy. If you are preparing to register a trademark in Vietnam or need protection for your overseas brand, please feel free to contact us at any time. Read the Korean source This article reflects the information available when it was published. Contact us to discuss your circumstances. Discuss this topic ↗ All articles ON THIS PAGE In Vietnam, ‘filing first’ is more important than ‘using first’. The Vietnamese trademark registration process is different from Korea. 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