What Is a Trademark Under Vietnamese Law

A trademark is one of the most common forms of intellectual property, yet its precise meaning is often misunderstood. Under Vietnamese law it has a specific definition and function. This article explains what a trademark is and why it matters for businesses operating in Vietnam.

The legal definition

The Law on Intellectual Property defines a trademark as a sign used to distinguish the goods or services of one organisation or individual from those of another. The essential function of a trademark is to identify the commercial origin of goods or services, allowing consumers to tell products apart in the market.

What can serve as a trademark

A trademark can take many forms as long as it is capable of distinguishing goods or services and can be represented appropriately:

• Words, letters, numerals or slogans.
• Images, drawings, logos or devices.
• Combinations of words and images.
• Certain non-traditional signs, such as sounds, where they can be represented in an acceptable form.

Why registration matters

Vietnam operates on a first-to-file basis. This means that, as a general rule, the exclusive right to a trademark belongs to the first party to file a valid application, rather than the first to use the mark. Registration provides a clear legal basis to prevent others from using identical or confusingly similar signs for related goods or services. A registered trademark is protected for ten years from the filing date and can be renewed indefinitely.

Frequently asked questions

Is a trademark the same as a business name?

No. A business name identifies the company as a legal entity, while a trademark distinguishes goods or services; the two are protected under different rules.

Do I have to register to have any rights?

Registration provides the clearest protection; unregistered marks have only limited protection, mainly in the case of well-known marks or unfair competition.

How long does trademark protection last?

A registered trademark lasts ten years from the filing date and can be renewed for further ten-year periods without limit.

How LTV Law helps

LTV Law explains how trademark rights apply to your business and handles searches, filing and protection before the Intellectual Property Office of Vietnam — contact our team.

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