In the process of establishing intellectual property rights, preparing the dossier is the decisive factor for the validity and success of protecting a brand. Among these, the trademark registration declaration is the most critical legal document, acting as the information bridge between the owner and the state regulatory authority. A minor error in presentation or the classification of goods and services can lead to the application being returned or rejected after many months of waiting.
The following article has been synthesized and compiled by the expert team at Tran Tran Law, based on the latest legal regulations for 2026. We provide readers with a detailed roadmap to complete the trademark registration declaration accurately and professionally, optimizing legal rights for your intellectual assets.
1. What is a Trademark Registration Declaration and its Legal Importance?
A trademark registration declaration is a mandatory administrative form issued by the Intellectual Property Office (IP Vietnam). It is used by the applicant to express the desire to establish exclusive rights over a specific identification sign. This document records full information about the applicant, the trademark sample, the list of goods and services, and requests related to priority rights.
Legally, this declaration serves the following core functions:
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Establishing the Priority Date: The date a valid declaration is filed serves as the basis for determining the priority date. In cases where multiple parties register a similar trademark, the party with the earlier priority date is favored for protection by law.
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Defining the Scope of Protection: The list of goods and services recorded in the declaration limits the scope of the owner’s exclusive rights. Businesses only have the right to prevent others from using an identical or similar trademark within the scope of the registered groups.
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Basis for Substantive Examination: Examiners at the Intellectual Property Office rely on the trademark sample and the description in the declaration to cross-check with national and international databases to evaluate distinctiveness.
2. Legal Basis for Trademark Declarations in 2026
The legal system regarding intellectual property in Vietnam has undergone significant reforms to align with new-generation free trade agreements. Currently, preparing a trademark registration declaration must strictly comply with the following documents:
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Law on Intellectual Property No. 50/2005/QH11, amended and supplemented in 2009, 2019, and especially the 2022 amendments with new regulations on sound trademarks and 3D trademarks.
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Circular No. 23/2023/TT-BKHCN of the Ministry of Science and Technology, guiding the implementation of the Law on Intellectual Property regarding industrial property.
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The current form is Form No. 08-NH, issued under the latest guiding documents, applied uniformly for both direct filing and online filing through the national public service portal.
3. Detailed Structure of the Latest Trademark Registration Declaration
A standard declaration includes several information sections interweaving personal/organizational data and specialized technical data. The basic structure includes:
Section 1: Trademark Sample and Description
This is the presentation of the trademark image intended for protection. The sample must be pasted into the prescribed frame (typically 80mm x 80mm). The description must clarify the elements constituting the trademark, including:
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Textual elements: Font, language, and meaning (if any).
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Graphic elements: Description of drawings, symbols, and layout.
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Color elements: Full listing of the color tones present in the trademark.
Section 2: Applicant Information
This section records the full name, address, phone number, and email of the entity registering. If the applicant is an organization, the name must match the Enterprise Registration Certificate. The address must be detailed, including house number, street name, ward/commune, district, and province/city.
Section 3: Industrial Property Representative Information
If the applicant authorizes a service organization like Trần và Trần to carry out procedures, the information of the representative organization will be recorded here. This ensures all transactions with the Intellectual Property Office are professional and accurate.
Section 4: Priority Right Claims
This is reserved for applicants who filed this trademark registration in another member country of the Paris Convention within the previous 6 months, or if the trademark was officially displayed at recognized international exhibitions.
Section 5: List of Goods and Services
This is the most complex part, requiring a listing of the products or services the trademark will be used for. This list must be classified according to the latest version of the Nice Classification in effect at the time of filing.
4. Step-by-Step Instructions for Filling the Trademark Registration Declaration
To ensure the declaration is accepted as valid during the formality examination, applicants should pay attention to the following sections:
Technical Presentation of the Trademark
The sample pasted into the declaration must be sharp, without blurring or loss of detail. If the trademark contains characters that are not Latin (e.g., Chinese, Japanese, or Thai characters), the applicant must provide a transcription and a corresponding translation into Vietnamese. For sound trademarks, the declaration must include an electronic audio file and a musical score.
Specialized Trademark Description
The description should not be too brief, but it should avoid using flowery language. Focus on logic. For example: The trademark includes a graphic element which is a blue mountain symbol positioned above the word TRANTAN written in bold red. This description helps the examiner clearly visualize the structure and limits of the trademark rights.
Strategy for Classifying Goods and Services (Nice Classification)
Inaccurate classification is a leading cause of notices for dossier amendment.
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Identify Group Codes: There are 45 groups in total (Groups 1 to 34 are goods; Groups 35 to 45 are services).
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Product Description: Use standard terminology from the Vietnamese search directory of the Intellectual Property Office. Avoid terms that are too vague or unclear.
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Optimizing Scope: Instead of listing too many unrelated products, focus on core products and potential future products to save costs and increase the likelihood of protection.
| Group Type | Range | Description |
| Goods | Groups 1 – 34 | Chemicals, pharmaceuticals, machinery, electronics, food, clothing, etc. |
| Services | Groups 35 – 45 | Advertising, education, telecommunications, legal, medical, etc. |
5. Common Mistakes in Preparing a Trademark Declaration
Practical experience from the Tran Tran Law team shows that applicants often make the following errors:
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Inconsistent Applicant Information: The name or address in the declaration differs from the information on the ID card or Business License because the applicant recently changed addresses but has not updated their legal dossier.
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Missing Stamps or Signatures: For organizations, the declaration must be signed by the legal representative and stamped with the corporate seal. The signature must be live; photocopied or stamped signatures are not accepted.
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Incorrect Color Descriptions: The trademark filed is in black and white, but the description mentions diverse colors, or vice versa.
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Inaccurate Fees: The fee paid does not match the number of groups or products listed. Every additional group or product beyond the prescribed limit (usually the first 6 products of a group) changes the fee amount.
6. Documents Accompanying the Trademark Declaration
A complete dossier filed at the Intellectual Property Office does not consist solely of the declaration but also includes:
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05 additional trademark samples for the examination record.
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Power of Attorney for the industrial property representative (if filing through a representative).
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Documents proving the priority right (if a priority right is claimed).
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Copy of the fee payment documents (receipts or bank transfer statements).
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Regulations on the use of the trademark (for collective or certification trademarks).
7. Processing Workflow at the Intellectual Property Office
After the declaration is filed, the trademark application undergoes a strict control process:
Formality Examination Stage
Within approximately 01 month, the Office checks if the declaration contains all required information, if the classification is accurate, and if the fees are fully paid. If requirements are met, the Office issues a Decision on Formality Acceptance.
Publication Stage
Valid applications are published in the Industrial Property Gazette. This is the window for relevant parties to exercise their right to object if they believe the trademark in the declaration infringes on their rights.
Substantive Examination Stage
Examiners cross-check the trademark in the declaration against other trademarks worldwide to evaluate confusing similarity. This stage usually lasts 9 to 12 months, and the final result determines if the trademark is granted a protection certificate.
8. Why Do Businesses Need Professional Support in Preparing Declarations?
Preparing a trademark registration declaration may seem simple at first glance, but it contains many hidden legal risks. Performing the task without specialized knowledge often leads to:
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The application period being extended due to multiple required amendments.
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Loss of priority rights because the declaration is canceled due to basic formal errors.
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A protection scope that is too narrow, failing to cover actual business activities.
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Wasted costs by paying fees for unnecessary goods groups or paying incorrect fee levels.
9. Trademark Registration and Enforcement Services at Trần và Trần
With a team of highly qualified and experienced personnel in the field of intellectual property, we believe that Tran Tran Law is among the leading intellectual property firms in Vietnam. Our company brings professionalism to clients in registration services and the enforcement of intellectual property rights in Vietnam, Laos, Cambodia, and Myanmar. Through a deep understanding of intellectual property law and years of practical experience, the consultants at Tran Tran Law ensure that the intellectual assets of our clients are protected throughout Vietnam and Southeast Asia.
We understand that intellectual assets occupy a vital part of the total assets of any company. We recognize that registering, valuing, transferring, and enforcing intellectual property 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 through optimizing the dossier and registration declaration from the very beginning.
10. Conclusion
The trademark registration declaration is the first brick in building the protective wall for a business brand. Investing time and expertise to prepare an accurate declaration not only saves costs but also creates an absolute competitive advantage in the market. Intellectual property law is constantly evolving; therefore, updating the latest forms and regulations is a mandatory requirement for every applicant.
This article has been synthesized and compiled by the expert team at Tran Tran Law with the hope of helping customers gain a clearer view of the trademark dossier process. We always look forward to cooperating based on the spirit of mutual development, bringing our enthusiasm and experience to serve you, and helping protect the most core values of Vietnamese businesses on the international intellectual map.
Contact Information
Customers needing the latest declaration form or support for in-depth trademark searching, please contact us:
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Support Email: ip@trantran.vn
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Office Address: P802, Talico Building, No. 22 Ho Giam Street, Quoc Tu Giam, Dong Da, Hanoi
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Consultation Hotline: 024 3732 7466
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Working Hours: 8:00 AM – 18:00 PM (Monday to Friday)
Let the professionalism of Tran Tran Law become a solid shield for your brand today!
