Trademark Registration in Vietnam: A Practical Guide for Foreign Companies (2026)

For any foreign company entering or scaling in Vietnam — one of Southeast Asia's fastest-growing consumer and manufacturing markets — securing trademark protection early is not optional. Vietnam operates a strict first-to-file system, and every year foreign brands discover, too late, that a local party has already registered their name or logo. This guide sets out how trademark registration works in Vietnam and the practical steps foreign businesses should take in 2026.

Why register a trademark in Vietnam

Vietnam is a first-to-file jurisdiction: rights are granted to the first party to file a valid application, not to the first user of the mark. Prior use — even extensive international use — generally does not defeat a locally registered mark (the narrow exception being marks that qualify as "well-known" under Article 75 of the IP Law, which is difficult and costly to prove).

The practical consequences for foreign companies are significant. A distributor, former partner or unrelated third party can register your brand before you do, then block your imports or demand a buy-out. Without a registration you cannot reliably invoke customs recordal, administrative action or civil remedies against counterfeiters. And e-commerce platforms and modern-trade retailers increasingly require proof of trademark rights before onboarding a brand.

Takeaway: file in Vietnam as early as possible — ideally before your first shipment, distributor appointment or marketing launch.

Who can file — and the local representative requirement

Foreign individuals and companies can own Vietnamese trademarks. However, applicants that do not have a residence or a genuine, operating commercial establishment in Vietnam must file through a licensed Vietnamese industrial property representative (IP agent) (Article 89 of the IP Law). This is not a formality that can be skipped: the Intellectual Property Office of Vietnam will not accept a foreign applicant's direct filing. A qualified local agent handles the power of attorney, correspondence, responses to office actions and — critically — a pre-filing clearance search.

Two routes to protection

Foreign companies have two ways to obtain trademark rights in Vietnam:

• National filing — a direct application to IP Vietnam through a local agent. Best when Vietnam is a priority market or when you need tight control over the specification of goods and services.
• The Madrid System — designating Vietnam in an international application filed via WIPO. Vietnam is a member of the Madrid Protocol, so this is cost-effective when filing across many countries at once (the basic WIPO fee is 653 CHF for a black-and-white mark, 903 CHF in colour, plus per-country and per-class fees).

The registration process and realistic timeline

While the statutory timeline suggests roughly 12 months, the real-world duration is typically 18 to 24 months or more, driven by a backlog at the substantive-examination stage. A registration is valid for 10 years from the filing date and is renewable indefinitely in 10-year terms. Because the filing date fixes priority, the long examination period is another reason to file early.

Costs

Vietnamese official fees are set by Circular 263/2016/TT-BTC and are charged per class of goods/services. Certain charges are currently reduced by 50% under Circular 64/2025/TT-BTC (until 31 December 2026), although the substantive examination and search fees are not reduced. Professional fees are separate and depend on the number of classes, the breadth of the specification and whether office-action responses are required.

Common pitfalls for foreign applicants

• Filing too late — by the time a brand is successful, a squatter may already have filed.
• Wrong or over-broad classification under the Nice Classification — the most common reason for office actions.
• Skipping a clearance search — a pre-filing search identifies conflicting prior marks.
• Assuming international use equals rights — it does not, unless the mark is recognised as well-known in Vietnam.
• Registering only the word or only the logo — consider protecting both, plus local-language variants.

Enforcement once registered

A registered mark unlocks a layered enforcement toolkit: administrative action (fast and cost-effective under Decree 99/2013), customs recordal to detain infringing imports/exports, civil litigation for damages and injunctions, and criminal prosecution for commercial-scale counterfeiting. In practice many rights-holders combine administrative action to stop the infringement quickly with a civil claim to recover damages.

Frequently asked questions

Can a foreign company own a trademark in Vietnam?

Yes. Foreign individuals and companies can own Vietnamese trademarks, but applicants without a residence or operating establishment in Vietnam must file through a licensed Vietnamese IP agent.

Does prior use protect my brand in Vietnam?

Generally no. Vietnam is first-to-file, so rights go to the first to file — not the first user — unless the mark qualifies as well-known, which is hard to prove.

How long does trademark registration take in Vietnam?

The statutory period is about 12 months, but the realistic timeline is 18–24 months or more due to the examination backlog. Rights are secured from the filing date.

Should I file nationally or via the Madrid System?

National filing gives tighter control when Vietnam is a priority market; Madrid designation is more efficient for multi-country rollouts. Many companies use both.

How LTV Law helps

LTV Law acts as the licensed local representative for foreign applicants — handling clearance searches, national and Madrid filings, classification, office-action responses and enforcement across Vietnam. Learn more about our trademark registration service in Vietnam or contact our team.

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