In the volatile global economic landscape of 2026, establishing intellectual property rights has become a matter of survival for every business. A brand is not merely a name or a symbol; it is an intangible asset of the highest value, defining the prestige and trust customers place in products and services. However, current realities show that many enterprises have not yet paid adequate attention to legal protection, leading to regrettable risks such as competitors seizing ownership or widespread counterfeiting in the market.
The following article has been synthesized and compiled by the expert team at Trần & Trần to provide the most detailed and accurate roadmap for the trademark registration process, helping businesses build a solid legal foundation for sustainable development.
Distinguishing Brand and Trademark from a Legal Perspective
Before beginning the protection process, business owners must clearly understand the difference between a “Brand” and a “Trademark.” In daily business language, we often use the term “Brand” to refer generally to a company’s image. However, under the current Intellectual Property Law of Vietnam, the object that is registered for the establishment of rights and protected by law is a Trademark.
A trademark is a sign used to distinguish the goods or services of different organizations or individuals. These signs can be letters, words, drawings, images, color combinations, or a combination of these elements, represented in two-dimensional or three-dimensional forms. Trademark registration is the legal procedure to transform a name or a logo into an exclusive asset owned by the business.
Why Trademark Registration is a Top Priority for Businesses
Delaying trademark registration can lead to serious legal consequences. Below are the core reasons why businesses need to establish their rights from the initial inception phase:
Establishing Exclusive Ownership Nationwide
Vietnam applies the “First-to-file” principle. This means that ownership rights are prioritized for the person who files the registration application earliest, not the person who uses it first. If a business fails to register, a competitor could file first and subsequently sue the original owner for trademark infringement.
Legal Tool to Prevent and Handle Infringement
When possessing a Protection Certificate issued by the Intellectual Property Office, a business has the full right to request intervention from authorities (Inspectors, Market Management, Economic Police, Courts) to handle parties committing acts of counterfeiting or using similar signs that cause confusion. This serves as a shield protecting the prestige and revenue of the business against unfair competition.
Increasing Business Asset Value
A brand is an intangible asset that can be valued in monetary terms. Businesses can use protected trademarks for commercial transactions such as franchising, assignment of ownership, or as assets for capital contribution and collateral at credit institutions. For many global brands, trademark value accounts for more than 50% of the total corporate assets.
Meeting Business and Export Conditions
In 2026, most major e-commerce platforms, supermarket systems, and retail chains require businesses to provide a Protection Certificate or a Decision of Valid Application Acceptance before listing products. Furthermore, protecting a trademark in Vietnam is an important prerequisite for businesses to perform international protection procedures when exporting goods to foreign markets.
Conditions for a Trademark to be Accepted for Protection
Not every trademark application is granted. To pass the rigorous examination of the Intellectual Property Office, a trademark must meet the following basic conditions:
Distinctiveness of the Trademark
A trademark is considered distinctive if it consists of one or more easily recognizable and memorable elements. Conversely, signs that are directly descriptive of the characteristics, quantity, quality, value, or utility of the goods/services are often considered non-distinctive and will be refused protection (e.g., using the word “Clean” for vegetables or “Fast” for delivery services without special stylization).
Non-identical and Not Confusingly Similar to Other Trademarks
This is the biggest hurdle for many applications. The trademark intended for registration must not be identical or similar to the point of causing confusion with another person’s trademark that has been protected or filed earlier for identical or related groups of goods and services.
Not Falling into Exclusionary Cases
A trademark must not contain signs such as national flags, national emblems, names of state agencies, or political/social organizations; it must not be deceptive to consumers regarding the origin or features of the product; and it must not be contrary to social ethics or public order.
Required Dossier for Trademark Registration in 2026
Preparing a complete and accurate dossier is a crucial step to ensure the application is accepted in terms of form from the outset. A standard dossier includes:
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Trademark Registration Declaration: Presented according to the form prescribed by the Ministry of Science and Technology, detailing the trademark sample and the classification of goods and services according to the Nice Classification.
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Trademark Samples: Prepare 05 samples with a minimum size of 20x20mm and a maximum of 80x80mm. Samples must be presented clearly and sharply.
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List of Goods and Services: This is the most critical part of the application. Selecting the right groups (e.g., Group 3 for cosmetics, Group 35 for retail, Group 43 for restaurants) requires professional consultation to ensure the broadest protection scope at an optimal cost.
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Power of Attorney: If the owner files through an industrial property representative organization like Trần & Trần, a Power of Attorney must be provided.
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Receipts of Fees and Charges: Proof of payment for search fees, examination fees, and publication fees as prescribed by the State.
Detailed Trademark Examination Process at the Intellectual Property Office
Trademark registration is a long-term journey, typically lasting from 12 to 18 months (or longer depending on the volume of backlogged applications). The process includes the following main stages:
Formality Examination Stage
Within 01 month from the filing date, the Intellectual Property Office will check the validity of the dossier in terms of form (applicant information, trademark sample, fees). If valid, the Office will issue a Decision on Formality Acceptance. This is an important legal document for businesses to assert their priority rights.
Publication in the Industrial Property Gazette
After the Decision on Formality Acceptance, within the next 02 months, the application information will be published in the Industrial Property Gazette. During this stage, any third party has the right to oppose the granting of protection if they have grounds to believe the trademark infringes upon their rights or does not meet protection conditions.
Substantive Examination Stage
This is the longest and most important stage (approx. 09-12 months). Experts at the Intellectual Property Office will cross-reference the trademark with the database to assess distinctiveness and overlap. At the end of this stage, the Office will issue a Notice of Intended Grant or a Notice of Intended Refusal (stating specific reasons).
Granting of the Protection Certificate
If the trademark meets all standards, the applicant will pay the granting fee and the publication fee for the certificate. After 01-02 months, the Intellectual Property Office will officially issue the Trademark Registration Certificate. This certificate is valid for 10 years from the filing date and can be renewed indefinitely every 10 years.
Important Notes to Optimize Success Rates
Based on practical experience since 2013, experts at Trần & Trần provide useful advice to help businesses avoid unnecessary errors:
Conduct In-depth Search Before Filing
Self-searching on free tools is only for reference and has a certain data lag. Conducting an in-depth search through an industrial property representative helps businesses assess the success rate up to over 90%, thereby allowing timely adjustments to the trademark sample before spending time and money on the filing process.
Strategic Classification of Goods and Services
Many businesses make the mistake of only registering for the current business group while forgetting potential groups in the future. “Defensive” registration or registering for closely related groups will help protect the brand more comprehensively, preventing competitors from exploiting your name in other fields.
Select Highly Distinctive Trademark Samples
Instead of choosing generic or descriptive names, businesses should prioritize creative names, coined words, or highly stylized graphic symbols. These trademarks are not only easier to protect but also help customers recognize them quickly in a market full of similar products.
Trademark Protection in International Markets and Southeast Asia
When a Vietnamese brand begins to gain traction, reaching out to the global market is inevitable. For neighboring markets such as Laos, Cambodia, and Myanmar, intellectual property regulations have their own specific characteristics.
Businesses can choose two methods of protection:
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Direct Registration: Filing applications at the intellectual property office of each country. This method is effective when the business focuses on 1-2 target markets and needs to handle local administrative procedures quickly.
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Madrid System Registration: This method allows businesses to file a single application in one language and pay fees once to request protection in multiple countries that are members of the Madrid Protocol.
Owning a widespread protection network not only protects exported goods but also elevates the brand value in the eyes of international partners and investors.
Professional Intellectual Property Services at Trần & Trần
With a team of highly qualified and experienced staff in the field of intellectual property, we believe that Trần & Trần is among the leading intellectual property companies in Vietnam. Our company provides customers with professionalism in registration services and the enforcement of intellectual property rights in Vietnam, Laos, Cambodia, and Myanmar.
Through an understanding of intellectual property law and years of practical experience by our consultants, Trần & Trần ensures that the intellectual assets of our clients are protected in Vietnam and Southeast Asian countries. We understand that intellectual assets constitute a vital part of the total assets of any company, and we recognize that the registration, valuation, transfer, and enforcement of intellectual assets in unfamiliar environments can be a major challenge for corporations establishing branches and business operations abroad. Therefore, our mission is to ensure your intellectual assets are fully protected by local laws.
Our team of lawyers and consultants has the full capacity and experience to provide professional services in the protection and enforcement of all intellectual property rights for patents, trademarks, industrial designs, and copyrights in all sectors, such as biotechnology, pharmaceuticals, telecommunications, electronics, electricity, and mechanical engineering.
Main areas of expertise at Trần & Trần include:
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Search for registrability of trademarks, designs, and patents with detailed reports.
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Consultation on the ability to register and use trademarks, and solutions for overcoming similarity refusals.
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Registration for the establishment of rights for trademarks, designs, patents, copyrights, and new plant varieties.
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Procedures for amendment, renewal, and assignment of trademarks, designs, and patents.
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Handling intellectual property infringement through administrative and judicial measures.
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Management and optimization of intellectual property assets for businesses.
Building and registering a brand is a long-term roadmap that requires persistence and deep legal understanding. In a flat world where information and images are spread at lightning speed, a delay in establishing rights is a self-deprivation of development opportunities. Do not let your dedicated ideas and efforts in building reputation become prey for exploitative behaviors.
Let our enthusiasm and experience accompany you in protecting and increasing the value of your intellectual assets. Trần & Trần is proud to be a trusted legal partner, helping your brand go far and shine sustainably. Our clients’ success is the clearest testament to the service quality and mission we have pursued for over a decade.
Contact us now for consultation and a free trademark search:
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Email: ip@trantran.vn
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Address: P802, Talico Building, 22 Ho Giam Street, Quoc Tu Giam, Dong Da, Hanoi
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Hotline: 024 3732 7466
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Working Hours: 8:00 AM – 18:00 PM (Monday to Friday)
