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Table of Contents Is trademark registration really necessary? What is a brand? The parable of the...
Table of Contents
- 1. Importance of trademark registration certificate in Vietnam
- 2. Differences between the two application routes
- 3. For direct application route (Paris route)
- 4. For MadPro application route
- 5. Why do you need a trademark registration certificate
- 6. Consultation on obtaining trademark registration certificate
Importance of trademark registration certificate in Vietnam
When registering a trademark in a foreign country, there are two main methods: "direct application route (Paris route)" and "Madpro application route (international trademark application)."
The MadPro application route has great advantages in terms of costs and procedures, and many applicants choose this route. However, there is an important difference in Vietnam: a trademark registration certificate is not automatically issued if you apply through the Madpro route.
In Vietnam, a trademark registration certificate is required when exercising trademark rights (Article 203 of the Vietnam Intellectual Property Law), so it is important to obtain a separate trademark registration certificate even if the application is filed through the Madpro route.
Important:In Vietnam, it may be difficult to enforce rights (such as dealing with infringers) without a trademark registration certificate. Even if you apply through the Madpro route, be sure to consider obtaining a trademark registration certificate.
Differences between the two application routes
The method of obtaining a registration certificate is very different between the direct application route and the Madpro application route. Check the comparison table below.
| Item | Direct application (Paris route) | Madpro application route |
|---|---|---|
| Issuance of registration certificate | Automatically published | Not automatically issued (separate billing required) |
| Registration notification format | Paper registration certificate | PDF protection acceptance statement only from WIPO |
| Use for exercising rights | Registration certificate can be used as is | Requires separate registration certificate |
| Appointment of local representative | Required when applying | Separate appointment required when obtaining registration certificate |
For direct application route (Paris route)
If you apply through the direct application route (Paris route), a trademark registration certificate will be issued by the Intellectual Property Office of Vietnam (IPVN) after the registration is approved.
- A trademark registration certificate will be granted by IPVN upon registration (Vietnamese Intellectual Property Law Articles 117 and 118)
- Trademark registration certificate is issued in paper media (Ministerial Ordinance Article 18.2(a))
- Trademark registration certificate is required when exercising rights (Article 203 of Vietnam Intellectual Property Law)
In the direct application route, a local agent will handle the registration procedures on your behalf, so the registration certificate will be sent via the local agent. No additional procedures are required to obtain a registration certificate.
For Madpro application route
If you specify Vietnam in the Madpro application route and your registration is approved, you will receive a "Statement of Grant of Protection" by email from the WIPO International Bureau.
However, this protection grant statement is only a notification in PDF format and does not serve as a trademark registration certificate in Vietnam. If you have requested a patent attorney to file your application, this email will be sent to the patent attorney's office.
Steps to obtain registration certificate through Madpro route
After receiving the declaration of protection, you can appoint a local representative in Vietnam and receive a trademark registration certificate by making a separate request (Article 41.6(e) of the Ministerial Ordinance). In the case of a Madpro application, a trademark registration certificate is also required to exercise rights (Article 203 of the Vietnam Intellectual Property Law).
Why do you need a trademark registration certificate
In Vietnam, just like in China, we strongly recommend that you separately obtain a trademark registration certificate even if you specify it on Madpro. The reasons are as follows.
- Required for enforcement of rights:According to Article 203 of the Vietnam Intellectual Property Law, a registration certificate is required for the enforcement of trademark rights
- Countermeasures against counterfeit products:Presentation of registration certificate is essential for practical rights enforcement such as customs enforcement and warnings to infringers
- Reliability as evidence:Protection acceptance statement (PDF) alone may not be convincing to local authorities or business partners
Reference information
For information on the registration certificate situation in China, please refer to this article: [China] Digitization of China National Intellectual Property Administration (CNIPA) patent certificate
Consultation on obtaining trademark registration certificate
At our office, we can order trademark registration certificates in Vietnam at reasonable prices. Please feel free to contact us even if you have already applied through the Madpro route.
Do you need a Vietnam trademark registration certificate?
A patent attorney will support you in obtaining a registration certificate after applying for MadoPro.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).
