Conditions for Trademark Protection and Non-Registrable Signs in Vietnam

Not every sign can be registered as a trademark. Vietnamese law sets out positive conditions a mark must satisfy and lists categories of signs that are excluded from protection. Knowing these rules before filing helps avoid refusals and wasted effort.

Conditions for protection

Under the Law on Intellectual Property, a sign is generally protectable as a trademark when it meets two core requirements:

• It is a visible sign — or another form recognised by law, such as a sound represented in an acceptable manner.
• It is capable of distinguishing the goods or services of one business from those of another.

Distinctiveness is central: a mark that merely describes the goods, or that is generic, usually lacks the ability to distinguish and may be refused.

Signs that cannot be protected

Certain signs are excluded from registration as trademarks, including:

• Signs identical or confusingly similar to national flags, emblems or the symbols of the State or of international organisations, without authorisation.
• Signs that are deceptive or misleading as to the origin, nature or quality of the goods or services.
• Signs that are contrary to public order or morality.
• Signs that consist only of descriptive or generic terms, or common shapes lacking distinctiveness.
• Signs that conflict with earlier rights, such as prior trademarks or well-known marks.

Improving the chances of registration

Choosing a distinctive, non-descriptive mark and conducting a search for earlier conflicting rights before filing both improve the likelihood of registration. Descriptive elements can sometimes be combined with distinctive ones to create a protectable whole.

Frequently asked questions

Can a descriptive word ever be registered?

A purely descriptive word is difficult to register on its own, though it may be protectable if it has acquired distinctiveness through use or is combined with distinctive elements.

Why was my mark refused for similarity?

A mark can be refused if it is identical or confusingly similar to an earlier mark for related goods or services, which is why a search before filing is valuable.

Are geographical names registrable?

Geographical names are often restricted because they may indicate origin or lack distinctiveness, and special rules apply to place names.

How LTV Law helps

LTV Law assesses whether a proposed mark meets the conditions for protection, searches for conflicts and advises on adjusting a mark to improve registrability — contact our team.

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