Trademark or Copyright for a Logo in Vietnam: Which to Choose

Businesses building a brand in Vietnam often ask whether to protect their logo through copyright or through a trademark. The two systems protect different things and are granted by different authorities, so the better question is usually how to combine them rather than which one to pick.

What each right protects

Copyright protects the original artistic expression of a logo as a work of applied art. It arises automatically on creation and can be recorded with the Copyright Office of Vietnam. A trademark protects a sign that distinguishes the goods or services of one business from another, and is obtained by registration with the Intellectual Property Office of Vietnam.

Key differences

• Scope: copyright guards against copying of the artwork; a trademark guards against confusingly similar use in commerce for the relevant goods or services;
• Creation: copyright exists automatically, while trademark rights in Vietnam generally depend on registration;
• Name protection: a trademark can protect a brand name or word mark, whereas copyright does not protect names as such;
• Authority: the Copyright Office administers copyright, while the Intellectual Property Office of Vietnam grants trademarks.

Which to choose

For most brands, the practical answer is both. Copyright provides an early, low-cost record of the logo artwork and helps against copying, while a registered trademark gives exclusive commercial rights in the mark for the goods or services covered. If the logo includes a distinctive name, a trademark is essential. Securing copyright first can also help establish authorship while a trademark application proceeds.

Frequently asked questions

Is copyright enough to protect my brand?

Often not on its own. Copyright protects the artwork but not the brand name or its commercial use, which a trademark covers.

Can copyright and trademark conflict?

They generally complement each other. It is important that the business owns the copyright, ideally by written assignment, before relying on it alongside a trademark.

Which should I register first?

Many businesses record copyright quickly while preparing a trademark application, but the right sequence depends on your circumstances.

How LTV Law helps

LTV Law advises on the best mix of copyright and trademark protection for your logo and brand and handles both filings; to plan your strategy, contact our team.

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