Sound Marks: Legal Basis and How to Register Protection in Vietnam (2026)

For decades, Vietnamese law protected only visually perceptible signs as trademarks. But from 14 January 2022, a type of non-traditional trademark was recognized for the first time: the sound mark. This is an important step forward, opening up the possibility of protecting "signs identified by the ear" such as a jingle, a chime or a brand's distinctive audio signature. This article explains the legal basis, the conditions and how to register a sound mark in Vietnam.

What is a sound mark?

A sound mark is a trademark in which the sign used to distinguish goods and services is a sound — for example a jingle, a sequence of musical notes, or a distinctive audio effect — rather than words or images. Around the world, many sounds have become famous brand assets: the MGM lion's roar, the startup sounds of Netflix or Intel, and the audio alerts of certain technology companies.

In essence, a sound mark serves the core function of every trademark: helping consumers recognize and distinguish the commercial origin of goods and services — but through hearing rather than sight.

Legal basis: since when has Vietnam protected sound marks?

Protection of sound marks was introduced by the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property 2022. A few key dates to remember:

• The amended Law on Intellectual Property 2022 generally took effect from 01/01/2023.
• However, the provisions on the protection of sound marks took effect earlier, from 14/01/2022.
• The reason for this separate date is that the protection of sound marks implements the obligation under Article 18.18 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), of which Vietnam is a member.

Specifically, the definition of a trademark under the Law has been broadened: signs eligible for protection as trademarks include visually perceptible signs and sound signs capable of graphical representation. Accordingly, from 14/01/2022, organizations and individuals have been able to file applications to register sound marks in Vietnam.

Conditions for protecting a sound mark

To be protected, a sound mark must satisfy the following:

• It must be capable of graphical representation. This is the distinctive condition and also the greatest challenge — the sound must be depicted in a graphical form, such as sheet music (staff and notes) or another form of graphical representation that clearly identifies the content of the sound.
• It must be distinctive. The sound must be sufficiently distinctive for consumers to use it to identify the origin of goods and services. Ordinary sounds, sounds that directly describe the product, or common sounds lacking distinctiveness will be difficult to accept.
• It must not fall within an excluded case under the general rules on trademarks.

What is special about a sound mark application file?

In addition to the components of an ordinary trademark application (the declaration form, the list of goods/services, the fees, etc.), a sound mark application differs at its core in how the specimen of the mark is presented:

• An audio file recording the very sound to be registered (in the electronic file format specified in the guidance of the Intellectual Property Office of Vietnam);
• A graphical representation of the sound — usually sheet music/musical staff or an equivalent graphical form — to accurately describe the sound for which protection is sought.

Preparing a properly compliant graphical representation is the difficult part, requiring coordination between someone with musical expertise and someone with expertise in industrial property, so as to ensure a clear scope of protection and avoid refusal for an indefinite description.

Procedure and timeline

A sound mark follows the general application examination sequence: formality examination, publication of the application, substantive examination and grant of the certificate. As this is a new type of trademark, examination may give rise to requests for clarification about the capacity for graphical representation and the distinctiveness of the sound. A trademark registration certificate is valid for 10 years and may be renewed multiple times, each for 10 years.

If your business simultaneously has a logo, a brand name and a jingle, you should consider protecting both the figurative/word mark and the sound mark in parallel to comprehensively cover your identifying signs. See more at our trademark registration service for holistic advice.

Practical notes

• Sound marks remain a new field in Vietnam; the number of applications is still small and examination practice is still taking shape, so preparing the file carefully is especially important.
• Not every sound can be registered: sounds that are too simple, common or descriptive will lack distinctiveness.
• You should search and assess protectability before investing in building an audio identity for your brand.

Frequently asked questions

Does Vietnam protect sound marks?

Yes. From 14/01/2022, under the amended Law on Intellectual Property 2022 and Vietnam's CPTPP commitments, Vietnam officially protects sound marks capable of graphical representation.

Are scent marks protected in Vietnam?

Not yet. Currently, Vietnamese law has only extended protection to sound signs; other non-traditional signs such as scent are not yet recognized.

What special items must be submitted to register a sound mark?

In addition to the file of an ordinary trademark application, you must submit an audio file and a graphical representation of the sound (for example, sheet music), in order to accurately identify the sound for which protection is sought.

Which sounds are difficult to protect?

Sounds that are too simple, common, or that directly describe the product (lacking distinctiveness) will be difficult to accept as trademarks.