Designed for professionals responsible for trademark applications, registration, and enforcement in Vietnam, this guide centers on the 2005 Intellectual Property Law (Luật Sở hữu trí tuệ 2005) and systematically outlines the full scope of trademark practice in this manufacturing hub of over 100 million people—covering IP Vietnam (formerly NOIP: Vietnam Intellectual Property Office) operations, government fees, designations via the Madrid System,sound and 3D trademarks introduced by the 2022 amendments, and measures against counterfeit goods—systematically organizing the full scope of trademark practice in this manufacturing hub with a population exceeding 100 million. A patent attorney will explain the essential information for brand protection in the Vietnamese market, where Japanese companies (Toyota, Honda, Canon, Panasonic, etc.) are actively expanding.
Key Points of This Article
VIETNAM TRADEMARK
A comprehensive guide to the trademark system and practices in Vietnam, Southeast Asia’s largest manufacturing hub, written by a patent attorney. This book systematically explains everything from IP Vietnam applications to compliance with the 2022 amendments and counterfeit goods measures across 12 sections.
Vietnam’s trademark practice is a statutory framework centered on the 2005 Intellectual Property Law (Luật Sở hữu trí tuệ 2005), with Decrees (Nghị định) and IP Vietnam’s examination guidelines governing applications, examinations, and disputes. While influenced by the socialist legal system, significant modernization is underway to align with international agreements such as the TRIPS Agreement, CPTPP, EVFTA, and RCEP.
Four Key Points to Keep in Mind for Trademark Practice in Vietnam
The “primary law” of the Vietnamese trademark system is the 2005 Intellectual Property Law (Luật Sở hữu trí tuệ), which stipulates trademark protection in Article 72 et seq.Following three major amendments in 2009, 2019, and 2022 (effective January 2023), the system has been modernized into a contemporary framework. Procedural operations are detailed in Decree No. 65/2023/ND-CP and the IP Vietnam Examination Guidelines, which are referenced by examiners and practitioners.
Administrative functions such as trademark examination, registration, and information provision are the responsibility of IP Vietnam (Cục Sở hữu trí tuệ Việt Nam), which operates under the Ministry of Science and Technology (Bộ Khoa học và Công nghệ). In 2022, its name was changed from “NOIP (National Office of Intellectual Property)” to “IP Vietnam.” Its headquarters are in Hanoi, with regional offices in Ho Chi Minh City and Da Nang.
| Agency | Jurisdiction and Characteristics | Legal Basis |
|---|---|---|
| Market Surveillance Agency | Administrative sanctions for trademark infringement, fines, and seizure of inventory | Decree 99/2013 |
| Economic Police | Crackdown on large-scale and organized infringements; criminal prosecution | Criminal Procedure Code |
| People's Court (Civil) | Civil lawsuits for trademark infringement (injunctions and damages) | Civil Procedure Law |
| People's Court (Criminal) | Criminal Cases Involving Trademark Infringement (Imprisonment and Fines) | Criminal Code §192, §226 |
| Customs (General Department of Customs) | Import Prohibition (Border Measures Based on IPR Registration) | Decree 105/2006 |
Practical Importance of a Three-Pronged Approach: In Vietnam, administrative sanctions are faster and less costly than court litigation. Immediate seizure of inventory and imposition of fines by the Market Management Authority are the primary measures against infringing goods. We utilize a combination of criminal prosecution for serious cases and civil litigation for commercial resolutions.
In Vietnam, both individuals and corporations may file trademark applications. Foreign applicants (those without an address or place of business in Vietnam) are required to appoint a locally registered trademark agent (IP Agent) (Article 89 of the IP Law). Japanese companies typically file applications with IP Vietnam through a local agent.
Relaxation of POA Requirements: Since 2017, the Power of Attorney (POA) no longer requires notarization or consular certification (a simplified POA is acceptable). Submission of the original document within one month of the filing date is sufficient.
| Documents | Practical Points |
|---|---|
| Application Form | IP Vietnam’s electronic filing system or paper filing. Vietnamese |
| Trademark Specimen | JPEG/PNG (80×80 mm standard). For color trademarks: color sample + color description; for 3D trademarks: views from six directions; for sound trademarks: musical notation + audio file (supported under the 2022 amendment) |
| Designated Goods and Services | 45 classes of the Nice Classification. Multi-class applications are permitted; fees apply per class |
| POA | Mandatory for foreign applicants. Simplified POA accepted (no notarization or consular certification required) |
| Priority Documents | When claiming priority under the Paris Convention, submit with an English translation within three months of the filing date |
Estimated Duration: In smooth cases, approximately 16–24 months from filing to registration. If a notice of grounds for refusal is issued, allow approximately 24–30 months, taking into account the response period (3 months).
| Item | Fee (VND) | Conversion to Japanese Yen (for reference) |
|---|---|---|
| Application Fee (1 class; up to 6 goods/services) | VND 1,000,000 | Approx. 6,000 JPY |
| Additional Goods/Services (per item) | VND 200,000 | Approx. 1,200 yen |
| Additional category (per category) | VND 1,000,000 | Approx. 6,000 yen |
| Substantive examination fee (per class) | VND 550,000 | Approx. 3,300 yen |
| Opposition fee | VND 550,000 | Approx. 3,300 yen |
| Registration fee (per class) | VND 360,000 | Approx. 2,200 yen |
| Renewal fee (1 category, within the deadline) | VND 1,000,000 | Approx. 6,000 yen |
Among the lowest in Southeast Asia: With an application fee of just VND 1,000,000 (approx. 6,000 yen) per class, it is the most cost-effective option in ASEAN. This lowers the barrier to entry for Japanese companies and facilitates the registration of multiple classes and trademarks.
Five Key Amendments for Japanese Companies
Any person may file an opposition within five months of the trademark publication (extended from three months to five months by the 2022 amendment). The opponent may base the opposition on either absolute or relative grounds for refusal.
Any interested party may file a request for invalidation with IP Vietnam within five years of registration (no time limit in cases of bad faith or violation of public order and morals). Unlike in Japan, where trials are conducted within the Patent Office, these cases are handled as rulings by the Director General of IP Vietnam.
If the mark has not been used for five consecutive years following registration without justifiable cause, interested parties may file a request for revocation with IP Vietnam. While Vietnam’s requirements are slightly more lenient than Japan’s (3 years), it is important to commence use as soon as possible after registration.
In Vietnam, a three-pronged approach—"administrative sanctions," "criminal prosecution," and "civil litigation"—can be pursued simultaneously against trademark infringement. In practice, Japanese companies tend to utilize administrative sanctions most frequently due to their speed and cost-effectiveness.
Immediate action by the Market Management Authority
| Types of Violations | Penalties |
|---|---|
| Trademark Counterfeiting (Individuals) | Up to 3 years’ imprisonment + a fine of up to VND 1,000,000,000 (approx. 6 million yen) |
| Trademark counterfeiting (corporations) | A fine of up to VND 5,000,000,000 (approx. 30 million yen) + suspension of business operations |
| Large-scale Infringement (Health Hazards, etc.) | Up to 15 years’ imprisonment + a fine |
Trademark owners may file civil lawsuits with the People’s Court to seek injunctions and damages. Since it takes 1 to 2 years for a judgment to become final, administrative measures are more effective for the immediate removal of infringing goods.
Trademark owners can stop the import of infringing goods by registering an IPR Recordal with the General Department of Customs. The Recordal must be renewed every two years, and the registration fee is VND 1,000,000 (approx. 6,000 yen).
Vietnam acceded to the Madrid Protocol in July 2006, allowing Japanese companies to designate Vietnam through the Madrid System. By filing an international trademark application via the Madrid Protocol through the Japan Patent Office, you can designate all 132 member countries, including Vietnam, in a single application.
| Item | Direct Filing | Via the Madrid Protocol |
|---|---|---|
| Local Agent | Required | Not required (only when responding to a rejection) |
| Language of Filing | Vietnamese | English |
| Review Period | 16–24 months | Mandatory examination within 18 months |
| Fees (1 class) | VND 1.9 million + Agent fees | CHF 100 + JPO fees |
The term of a Vietnamese trademark right is 10 years from the filing date. It can be renewed every 10 years, with no limit on the number of renewals. Applications can be filed starting six months before the renewal deadline, and there is a six-month grace period after expiration (subject to a surcharge).
A pitfall unique to Vietnam: Imitation applications for Japanese brands remain frequent. Even well-known brands such as Honda, Toyota, and Sony have been victims of imitation in the past. Although regulations against imitation were strengthened by the 2022 amendment, early filing before entering the market (preferably simultaneously with the Japanese application) remains the strongest defense.
Japanese companies should consider registering not only Romanized trademarks but also Vietnamese phonetic translations. For example, by separately registering a Vietnamese phonetic translation of “Honda” (e.g., “Hông Da”), you can prevent counterfeit applications using the local language.
Counterfeit goods continue to circulate in the Vietnamese market. Comprehensive measures combining cooperation with the Market Management Authority and Economic Police, along with customs Recordal registration, are essential. It is recommended that local subsidiaries of Japanese companies maintain an ongoing relationship with an IP Vietnam registration agent.
Vietnam’s trademark system has undergone significant modernization, featuring a statutory framework centered on the 2005 Intellectual Property Law, as well as enhancements introduced by the 2022 amendment—such as strengthened protection for sound trademarks and well-known trademarks. For Japanese companies to successfully establish their brands in the Vietnamese market, early trademark applications (preferably including Vietnamese phonetic translations) prior to market entry, along with a rights enforcement strategy based on the “3+1” approach—administrative sanctions, criminal complaints, civil litigation, and customs measures—are essential.Please also see our Madpro international trademark application and trademark registration services.
EVORIX Intellectual Property Law Firm provides comprehensive support for trademark applications and enforcement in major ASEAN countries, including Vietnam. Our experienced patent attorneys handle everything from strategic planning for direct applications and Madrid Protocol filings to counterfeit measures (administrative, criminal, civil, and customs), concurrent applications for Vietnamese transliterated trademarks, and coordination with local agents.
*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend consulting primary sources and experts for the latest information. For specific decisions regarding individual cases, we recommend consulting experts, including local agents.
AUTHOR / Author
Takefumi Sugiura
Representative Patent Attorney, EVORIX Intellectual Property Firm
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—with everything from patent, trademark, design, and copyright applications to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).