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Under the IP Law of Vietnam, a trademark is a visible sign in the form of letters, words, pictures or figures, including 3D figures or a combination of these, represented in one or more colours, that serves to differentiate the goods or services of one trader from those of other.

Non-traditional marks such as smell marks or sound marks are excluded from protection. Protection of 3D marks is possible but not always straight forward and usually requires a greater degree of distinctiveness, especially in case the mark is the shape of a product or a product container.

Wellknown trademarks are defined as trademarks that are widely known by consumers throughout the territory of Vietnam and unlike ordinary trademarks, they can be protected without registration. However, the wellknown status of a trademark can only be recognised by a decision of the court.

Vietnam follows the first-to-file principle when determining priority of trademark rights. Accordingly, when different applicants apply for the registration of an identical or similar trademark in relation to identical or similar goods or services, the trademark registration will be granted to whoever first filed the application.

A trademark registration becomes effective on the date of issuance. The term of protection is 10 years computed from the filing date and it can be renewed indefinitely for further 10-year periods.

Local time

Friday, 15 December 2017

Contact us

    Hanoi Office:
  • Address: 5th Floor, Toserco Building
    273 Kim Ma, Ba Dinh
    Hanoi, Vietnam
  • Tel: +84 (24) 3 7 349026
  • Fax: +84 (24) 3 7 349027

  • Ho Chi Minh City Office:
  • Address: 4th Floor, Green Star Building
    70 Pham Ngoc Thach, District 3
    Ho Chi Minh City, Vietnam
  • Tel: +84 (28) 3 8 208676
  • Fax: +84 (28) 3 8 208677