Assigning a Trademark in Vietnam

Trademarks can be bought, sold and transferred within a group. In Vietnam, an assignment must be recorded to be effective against third parties.

The assignment contract

A trademark assignment is made by a written contract transferring ownership from assignor to assignee. It should identify the mark and registration number, the scope of goods/services and the consideration.

Mandatory recordal

The assignment must be recorded with the Intellectual Property Office of Vietnam to take effect against third parties. Until recorded, the register still shows the former owner, which can undermine enforcement and later dealings.

Conditions on transfer

Some conditions apply — for example, an assignment must not cause confusion as to the origin of goods/services, and certain marks (such as those tied to a geographical indication) cannot be freely assigned. Reviewing these conditions before signing avoids a rejected recordal.

Frequently asked questions

Does a trademark assignment need to be recorded in Vietnam?

Yes — recordal with the IP Office is required for the transfer to be effective against third parties.

Are there limits on assigning a mark?

Yes — an assignment must not cause confusion as to origin, and some marks cannot be freely assigned.

What should the contract include?

The mark and registration number, scope of goods/services and consideration.

How LTV Law helps

LTV Law drafts assignment contracts and handles recordal with the IP Office. See our trademark guide or contact our team.

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