Can Individuals and Household Businesses Register a Trademark in Vietnam

A common question from small entrepreneurs is whether a trademark must be owned by a company, or whether an individual or a household business can register one. Vietnamese law takes a fairly open approach to who may own a trademark. This article explains the position.

Who may register a trademark

Under the Law on Intellectual Property, both organisations and individuals may register and own trademarks. This means an individual, a household business or a company can all be trademark owners. The key requirement is that the applicant intends to use the mark in connection with goods or services, or authorises another party to do so.

Practical considerations for individuals and household businesses

While eligibility is broad, there are practical points worth weighing:

• The mark can be registered in the name of the individual, who then personally owns the exclusive right.
• For a household business, the owner should consider whether the mark is best held by the individual or by a company that may be established later.
• Ownership can be transferred later through an assignment if the business structure changes.
• The same first-to-file principle applies, so filing early is important regardless of the applicant's status.

The process is the same

The application procedure for an individual is essentially the same as for a company: preparing the dossier, filing with the Intellectual Property Office of Vietnam, and going through formality and substantive examination. Foreign individuals without a residence or establishment in Vietnam must file through a licensed IP representative.

Frequently asked questions

Can I register a trademark in my personal name?

Yes, individuals are entitled to own trademarks, and the mark can be registered in your personal name.

Should a household business register in the owner's name or a company's name?

Either is possible; the better choice depends on your plans for the business, and ownership can be transferred later if needed.

Is the process harder for an individual?

The process is essentially the same as for a company; the main difference for foreign individuals is the requirement to file through a local representative.

How LTV Law helps

LTV Law advises individuals and household businesses on the most suitable ownership structure and handles the filing and management of their trademarks — contact our team.

This article is for general information only and does not constitute legal advice.