Trademarks — the procedure that matters most to businesses

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Conditions for protection, types of mark, signs that will be refused, and why the number of Nice classes drives your entire cost.

A trademark is a sign distinguishing the goods or services of different undertakings. It is the most common industrial property right and the one most Vietnamese businesses should prioritise.

Conditions for protection

The sign must be visually perceptible — letters, words, figures, images, three-dimensional shapes or combinations, in one or more colours — or a sound mark capable of graphic representation, added in the 2022 amendment. And it must be capable of distinguishing the owner's goods or services from others'.

Signs that will be refused

Directly descriptive signs — names describing the type, quality, quantity, function, value or geographical origin of the goods lack distinctiveness. "Delicious Coffee" for coffee belongs to every coffee seller.

Signs identical or confusingly similar to an earlier registered or earlier-filed mark for identical or similar goods — the commonest ground of refusal, and the reason to search before filing.

Signs conflicting with well-known marks, even for dissimilar goods.

National flags, emblems, symbols of state bodies, political and international organisations, and the names of national leaders and heroes.

Signs that mislead as to origin, function, use or quality.

Types of mark

Ordinary marks; collective marks used by members of an organisation under usage regulations; certification marks licensed to others to certify characteristics; and well-known marks, protected on the basis of use and reputation regardless of registration.

Nice classes drive the cost

You must classify your goods and services under the Nice Classification — 45 classes, 34 for goods and 11 for services. The largest fees are charged per class: examination at VND 550,000 per class (up to 6 items), search at VND 180,000 per class, the grant charge at VND 120,000 for the first class plus VND 100,000 for each further class, and VND 120,000 for each item beyond six in a class.

Those are base rates under Circular 263/2016/TT-BTC, currently halved by Circular 64/2025/TT-BTC through 31 December 2026. Work out your own figure with the cost estimator.

Class selection is strategic: claim too few and a competitor can occupy the gaps blocking your expansion; claim too many and you pay for coverage that may be cancelled for non-use.

Term and renewal

Registration runs 10 years from the filing date, renewable indefinitely in 10-year terms. In exchange comes a duty to use: a mark unused for five consecutive years can be cancelled at a third party's request. Registering "just in case" is less safe than people assume.

2026 updates

Substantive examination fell from 9 months to 5 from 1 April 2026, with accelerated examination cutting this to roughly 3 months for eligible applications. Filing via the VNeID app waives the filing and grant charges between 1 April and 31 December 2026.

Going abroad

Trademarks are territorial. If you sell through international marketplaces or export, consider the Madrid System — one international application filed through the IP Office designating multiple member states. Vietnam has been party to the Madrid Agreement since 8 March 1949 and the Madrid Protocol since 11 July 2006.

Cited documents

Sources