In the industrial property landscape of 2026, trademark registration is not merely an administrative procedure but a rigorous legal battle. According to data from the Intellectual Property Office (IP Vietnam), a significant percentage of applications are refused annually, leading to severe losses in terms of opportunity costs, waiting time (often spanning 18 to 24 months), and marketing budgets. Understanding the reasons for trademark refusal under the current Law on Intellectual Property is a prerequisite for businesses to build a safe and sustainable brand identity. This article provides a detailed analysis of the legal grounds for refusing a protection title, from absolute exclusion signs to conflicts with prior rights, aiming to offer the most optimal risk management roadmap for applicants.
Overview of the Examination Process and Refusal Risks
The trademark registration process in Vietnam undergoes two main examination stages: formality examination and substantive examination. While formality examination focuses on the validity of the dossier, substantive examination is the most challenging stage, where the trademark is cross-checked against the entire national and international database.
Grasping the reasons for trademark refusal helps businesses proactively adjust their strategies from the design phase. When a trademark receives a Notice of Intended Refusal from IP Vietnam, the business has only a limited period (usually 03 months) to exercise its right to respond or amend the application. Without sharp legal arguments based on examination precedents and statutory regulations, the risk of losing priority rights is extremely high.
Trademark Refusal Based on Absolute Grounds
Pursuant to Article 73 of the Law on Intellectual Property, certain signs are strictly prohibited from being used as trademarks for the purpose of protecting public order, social ethics, and national honor. These are known as absolute grounds for refusal, and there is almost no chance of appeal if violated.
Trademarks Identical or Similar to National Symbols and International Organizations
IP Vietnam will immediately refuse trademarks containing signs identical or confusingly similar to national flags, national emblems of countries, international symbols, or abbreviations of state agencies and socio-political organizations. This regulation ensures solemnity and prevents private individuals or organizations from profiting from the prestige of public institutions. Even if the trademark only simulates the characteristic lines of these symbols, examiners have the right to refuse it based on the risk of causing confusion about the origin of the owner organization.
Signs That Mislead or Deceive Regarding the Nature of Goods
A trademark is considered in violation if it contains information capable of causing consumers to misunderstand the geographical origin, features, functions, or value of the product.
For instance, a trademark using words suggesting a Japanese origin for a product manufactured entirely in Vietnam will be deemed deceptive. Similarly, if a trademark contains terms asserting superior quality without proof, or causes confusion that functional food is medicine, the application will be suspended or denied a title.
Trademarks Contrary to Social Ethics and Public Order
Signs that are offensive to religion or ethnicity, or contain sensitive, vulgar images and words, fall under the absolute refusal group. In the cultural context of Vietnam, examination standards regarding social ethics are very strict. Any trademark capable of adversely affecting public psychology or violating cultural norms has no chance of being protected.
Trademark Refusal Due to Lack of Inherent Distinctiveness
This is the most common group of reasons why trademarks fail the substantive examination stage. Pursuant to Article 74.1 of the Law on Intellectual Property, a trademark must be capable of helping consumers distinguish the goods of different entities. Signs that are too simple or descriptive are considered lacking distinctiveness.
Trademarks Consisting of Simple Geometric Shapes or Characters
Plain squares, circles, triangles, or individual numbers and letters not presented in a special graphic format are often refused. The law posits that these characters belong to the common language and visual treasury of mankind; no individual has the right to exclusive use. However, if a business transforms these letters into a uniquely structured logo, the possibility of acceptance will be higher.
Trademarks That Are Directly Descriptive of Features and Functions
Businesses often want trademark names associated with the benefits of the product for easy marketing. However, this is a legal “trap.” Words indicating ingredients, quantity, quality, function, or value of the goods and services are considered lacking distinctiveness.
For example, the word Mát (Cool) for tea products or Sạch (Clean) for food will be refused because these are adjectives describing product characteristics that any business in the industry has the right to use. Granting exclusivity for these words to an individual would cause unfair competition and hinder the business activities of other units.
Trademarks That Are Generic Names of Goods and Services
If a trademark is identical to the international name or the common name of that product, the application will be refused. For example, one cannot register the word Computer for computer products or Coffee for coffee products. These names have become public property and cannot be used to distinguish the origin of a specific enterprise.
Signs Indicating Geographical Origin
Trademarks containing geographical names as the main element are often refused under the name of a conventional trademark because they cause confusion regarding the geographical origin of the goods or prevent local residents from using their hometown’s name for business. Only collective organizations filing under the name of a collective trademark or certification mark, with permission from the Provincial People’s Committee, can use geographical names as a protected component.
Similarity or Confusion with Prior Rights of Third Parties
Besides inherent distinctiveness, a trademark is also refused if it conflicts with the interests of those who have established rights previously. Pursuant to Article 74.2, this is the most time-consuming and complex content of the examination.
Confusingly Similar to a Registered Reference Mark
An applicant’s trademark will be refused if it is identical or confusingly similar to another person’s trademark that has been protected or filed earlier for the same or similar type of goods or services. This similarity is evaluated based on three aspects: structure/presentation, pronunciation, and meaning.
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Structural Similarity: The arrangement of letters, color coordination, or logo layout is too similar to an existing trademark, making it impossible for customers to distinguish them if placed side by side.
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Phonetic Similarity: Even if the spelling is different (such as Kool and Cool), if the pronunciation is identical for the same group of goods, the trademark will still be refused due to the risk of confusion in civil transactions and audio advertising.
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Semantic Similarity: Two trademarks using two different languages but having the same expressive meaning and intended for the same target customer group can also be considered confusingly similar.
Infringement of Well-Known Trademark Rights
For trademarks that have reached a wide level of recognition (well-known trademarks), the scope of protection is no longer limited to the original registered product group. If a business’s trademark is identical or similar to a well-known trademark, even when used for completely different products, IP Vietnam will still refuse it to protect the reputation of the well-known trademark and prevent “free-riding” on its prestige.
Conflict with Trade Names and Industrial Designs
A trademark may be refused if it is identical or similar to the trade name of another business that has been legally used previously in the same business field and geographical area. Similarly, if a trademark infringes upon the rights to an industrial design that was granted a protection title before the priority date of the trademark, the application will also be refused. This requires the applicant to perform a wide-area search not only in the trademark field but also in business directories and industrial design protection systems.
Risks from Incorrect Classification of Goods and Services
The Nice Classification (International Classification of Goods and Services) is a mandatory tool for determining the scope of protection. Many businesses, when filing, fail to accurately list their industry groups, leading to trademark refusal for technical reasons.
Vague Description of the List of Goods
Using general terms like food or business services without specifying the product often leads examiners to request amendments or refuse the application. If the descriptive list is too broad, it may inadvertently infringe upon reference marks in segments where the business does not actually operate.
Errors in Grouping Items
Many applicants try to group too many unrelated products into one application to save costs. However, if one of the products in the group conflicts with the rights of a third party, the entire trademark for that group may be refused unless the applicant knows how to perform a divisional application or remove the conflicting goods.
Solutions When Receiving a Notice of Intended Refusal
When receiving a Notice of Intended Refusal from IP Vietnam, businesses should not rush to abandon the application. There are many legal strategies to turn the situation around if implemented by experienced experts.
Drafting Response Documents and Arguments on Distinctiveness
This is the most critical step. Businesses need to provide logical arguments to prove that their trademark possesses distinctiveness. Arguments can be based on:
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Distinct differences in design structure and color.
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Differences in expressive meaning and target customer groups.
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Evidence of extensive actual use of the trademark in the market, helping consumers recognize the origin (evidence of distinctiveness through use).
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Differences in distribution channels (e.g., one product sold in pharmacies, one in construction materials; despite similar names, they can coexist).
Utilizing Letters of Consent
If the reason for refusal is similarity to another party’s reference mark, the business can contact the owner of that trademark to request a written consent allowing the trademarks to coexist. According to the latest regulations, a Letter of Consent is an important basis for IP Vietnam to consider granting a title, provided the simultaneous existence does not cause serious confusion for consumers.
Requesting the Cancellation of Reference Marks
If the reference mark blocking your application has not been used for 05 consecutive years in Vietnam, the business can perform procedures to request the termination of that trademark’s validity. This is an effective legal “counter-attack” to clear the way for the new trademark.
Modifying the Trademark or Narrowing the List of Goods
In cases where a trademark is partially refused or considered similar due to containing certain non-essential elements, the business can perform a modification by removing the conflicting elements or committing not to exclusively protect (disclaim) those non-distinctive components. Narrowing the list of goods to escape the overlap with the reference mark is also a safe and rapid solution.
Intellectual Property Services at Trần & Trần Intellectual Property Co., Ltd.
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 brings professionalism to our customers in registration services and the enforcement of intellectual property rights in Vietnam, Laos, Cambodia, and Myanmar.
Through our understanding of intellectual property law and many 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, etc.
Why Perform a Trademark Search with Trần & Trần Before Filing?
A trademark search is the investment that brings the highest success rate for a business. At Trần & Trần, the search process does not stop at checking for duplicates in the system but goes deep into analyzing the possibilities of refusal based on distinctiveness and examination precedents.
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Accurate Assessment of Protectability: Experts will provide a detailed risk report, letting the business know the safety level of the trademark before filing.
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Design Adjustment Consultation: If a trademark shows signs of lacking distinctiveness or similarity to another party, we will provide modification solutions from the beginning, saving tens of millions of VND in subsequent marketing costs.
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Optimization of the List of Goods: Assisting businesses in accurate Nice Classification, ensuring the broadest protection scope with the least risk of conflict.
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Building a Contingency Response Strategy: For trademarks with medium risk, we will prepare legal arguments to be ready for future correspondence with IP Vietnam.
Conclusion and Strategic Advice for Businesses
Facing reasons for trademark refusal is an inevitable part of the intellectual property rights establishment process. However, thorough legal preparation will help businesses turn risks into opportunities. In a fair and competitive market in 2026, a trademark not only needs to be aesthetically pleasing but must also be “clean” legally.
Strategic advice for business owners is not to rely entirely on chance when filing. Start with an in-depth search and choose to partner with reputable industrial property representative organizations. A refused trademark might be the end for a young brand, but a sharp and law-abiding response can be the beginning of a solid business empire.
Contact Information: Trần & Trần Intellectual Property Co., Ltd.
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Email: ip@trantran.vn
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Address: Room 802, Talico Building, 22 Ho Giam Street, Dong Da District, Hanoi.
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Hotline: 024 3732 7466
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Office Hours: 8:00 AM – 6:00 PM (Monday to Friday).
