How to Respond to a Trademark Refusal in Vietnam

A provisional refusal is not the end of the road. Many Vietnamese trademark refusals can be overcome with a well-argued response within the deadline.

Common grounds for refusal

• Lack of distinctiveness — the mark is descriptive or generic for the goods/services.
• Conflict with an earlier mark — similarity to a prior application or registration for related goods.
• Formality or classification issues — errors in the specification or class allocation.

Your options to respond

Depending on the ground, you may submit written arguments distinguishing the marks or evidence of acquired distinctiveness; amend or narrow the goods/services; obtain a letter of consent or coexistence agreement from the earlier owner; or, where appropriate, challenge the cited mark (for example on non-use). Responses must be filed within the stated deadline, so acting promptly is essential.

If the refusal is maintained

If the office maintains its refusal, you can appeal — first through a complaint to the office, and ultimately through administrative or court channels. A foreign applicant will need a licensed Vietnamese IP representative to act.

Frequently asked questions

Can a Vietnamese trademark refusal be overcome?

Often yes — with timely arguments, amendments, consent, or a challenge to the cited mark.

Is there a deadline to respond?

Yes. Responses must be filed within the period stated in the office's notice; missing it can end the application.

Do I need a local representative?

Foreign applicants without a presence in Vietnam must act through a licensed IP agent.

How LTV Law helps

LTV Law analyses refusals and files reasoned responses, consents and appeals for foreign applicants. See our trademark guide for foreign companies or contact our team.

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