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

For decades, Vietnamese law protected only visually perceptible signs as trademarks. From 14 January 2022, a type of non-traditional trademark was recognised for the first time: the sound mark. This was an important step forward, opening up the possibility of protecting signs that consumers identify by ear, such as a jingle, a chime or a brand's distinctive audio signature.

This article explains what a sound mark is, the legal basis for protection in Vietnam, the conditions a sound must meet, what is special about the application file, the procedure, and the practical points that foreign brand owners should consider before filing.

What is a sound mark?

A sound mark is a trademark in which the sign used to distinguish goods and services is a sound rather than words or images. Examples include:

a jingle or short musical theme;
a sequence of musical notes;
a distinctive audio effect or alert tone.

Around the world, many sounds have become well-known brand assets: the MGM lion's roar, the start-up 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 recognise and distinguish the commercial origin of goods and services, but through hearing rather than sight. For an overview of the other categories, see our guide to the types of trademarks in Vietnam.

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. The key dates are:

The amended Law on Intellectual Property 2022 generally took effect from 1 January 2023.
However, the provisions on the protection of sound marks took effect earlier, from 14 January 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.

The definition of a trademark in the Law was broadened accordingly: signs eligible for protection as trademarks now include visually perceptible signs and sound signs capable of graphical representation. Since 14 January 2022, organisations and individuals have therefore 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 conditions:

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 (a staff with notes) or another graphical representation that clearly identifies the content of the sound.
It must be distinctive. The sound must be distinctive enough for consumers to use it to identify the origin of goods and services. Ordinary sounds, sounds that directly describe the product, and common sounds that lack distinctiveness will be difficult to get accepted.
It must not fall within an excluded case under the general rules on trademarks.

The distinctiveness and exclusion rules are the same ones that apply to word and figurative marks; our article on trademark protectability conditions explains them in detail.

What is special about a sound mark application?

A sound mark application contains the same components as an ordinary trademark application, such as the declaration form, the list of goods and services and the fees. The core difference lies in how the specimen of the mark is presented. The applicant must provide:

an audio file recording the exact 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 or an equivalent graphical form, which accurately describes the sound for which protection is sought.

Preparing a compliant graphical representation is the difficult part. It requires coordination between someone with musical expertise and someone with industrial property expertise, so that the scope of protection is clear and the application is not refused because the description is indefinite. The audio file and the graphical representation must describe the same sound; any mismatch between them invites questions from the examiner. For the standard components of a filing, see our guide to the trademark application dossier.

Procedure and timeline

A sound mark follows the general sequence for examining trademark applications:

formality examination;
publication of the application;
substantive examination;
grant of the trademark registration certificate.

Because this is a new type of trademark, examination may give rise to requests for clarification about whether the sound can be represented graphically and whether it is distinctive. Applicants should be ready to explain how the sound functions as a brand identifier in practice. The stages and statutory time limits are set out in our guide to the trademark registration process and timeline.

A trademark registration certificate is valid for 10 years and may be renewed multiple times, each time for 10 years.

Points for foreign brand owners

Representation: a foreign company without a residence or establishment in Vietnam must file through a licensed industrial property representative in Vietnam, and will usually sign a power of attorney in favour of that representative.
Consistency with home filings: if the sound is already registered abroad, reuse the same recording and graphical representation where possible, so that the scope of protection is consistent across markets.
Madrid route: a foreign owner may also designate Vietnam in an international application under the Madrid System. The designation is examined under Vietnamese law, so the requirement of graphical representation still applies. See our guide to the Madrid Protocol in Vietnam.

Protecting the whole brand identity

If your business has a logo, a brand name and a jingle, consider protecting the figurative or word mark and the sound mark in parallel, so that all of your identifying signs are covered. A sound mark protects the sound as an indicator of commercial origin for the registered goods and services. Where the jingle is also an original musical work, copyright may protect the composition itself, which is a separate right with different rules; see our article on copyright registration for songs and musical works.

Practical notes

Sound marks are still a new field in Vietnam. The number of applications is 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 lack distinctiveness.
Search and assess protectability before investing in an audio identity for your brand.

Frequently asked questions

Does Vietnam protect sound marks?

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

Are scent marks protected in Vietnam?

Not yet. Vietnamese law has so far extended protection only to sound signs, and other non-traditional signs such as scents are not yet recognised.

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

In addition to the file for an ordinary trademark application, you must submit an audio file and a graphical representation of the sound, for example sheet music, so that the sound for which protection is sought is identified accurately.

Which sounds are difficult to protect?

Sounds that are too simple or common, or that directly describe the product, lack distinctiveness and will be difficult to get accepted as trademarks.

Why did sound mark protection start before the rest of the 2022 amendments?

The sound mark provisions took effect on 14 January 2022, earlier than the general effective date of 1 January 2023, because they implement Vietnam's obligation under Article 18.18 of the CPTPP.

How long does a sound mark registration last?

Like any trademark registration certificate in Vietnam, it is valid for 10 years and can be renewed multiple times, each time for 10 years.

Can a foreign company file a sound mark directly with the Intellectual Property Office?

A foreign company without a residence or establishment in Vietnam must file through a licensed industrial property representative, or it can designate Vietnam through the Madrid System, in which case a local representative is needed if a provisional refusal has to be answered.

How LTV Law helps

LTV Law assesses whether a sound is protectable, prepares the audio file and graphical representation with the applicant, files the application and responds to examination requests. See our trademark registration service for holistic advice on protecting your brand, including word, figurative and sound marks.

To discuss registering your sound mark in Vietnam, contact our team.

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