Legal Basis Intellectual Property Law 2005

Law No. 36/2009/QH12 of June 19, 2009, amending and supplementing a Number of Articles of the Law on Intellectual Property (promulgated by the Order No. 12/2009/L-CTN of June 29, 2009 of the President of the Socialist Republic of Vietnam)

Major international treaties signed
  • Paris Convention
  • Madrid Agreement and Protocol
Cost of obtaining a straightforward registration Please contact us at
Average time to register a trademark Minimum 12 – 16 months
Filing and prosecution procedures Stage 1: Filing

Stage 2: Examination

Stage 3: Advertisement

Stage 4: Opposition (if any)

Stage 5: Registration

Stage 6: Post-Registration Advertisement

Registrable marks Any distinctive device, brand, heading, label, ticket, name, signature, word, letter, numeral, or combination thereof, may be registered as a trademark
Number of classes 45 (Nice Classification)
Multiple class filing Available
Filing of series marks Not available
Necessary documents Signed Power of Attorney
Electronic filing Not available
Common objections
  • Deceptiveness
  • Prior conflicting rights
  • Inventiveness, descriptiveness and non-distinctiveness
Opposition term From the date of publication of the application to the time the Examiner completes the substantive examination of the application (around 6-8 months from publication date, no specific time frame)
Duration of protection 10 years from the filing date
Restoration of lapsed trademark Within 6 months from the expiry of the registration
Compulsory period of use to avoid cancellation action A trademark registration may be vulnerable to a cancellation action by a third party if it is not used for 5 consecutive years prior to the cancellation action.
Parallel Imports Allowed
Use Not necessary at the time of filing, as an application can be filed on an “intent to use” basis
Useful links





Outline of the
enforcement steps

    • Infringement pursuant to the Intellectual Property Law 2005 (IPL)
    • Unfair Competition

Administrative Actions

Effected by the various government department including the Ministry of Science; Technology and Department of Science and Technology at province; the Ministry of Trade, Economic Police and Customs

Criminal Actions 

A criminal action can be brought against an infringer pursuant to Articles 156 158 and 170, 171 of the Criminal Code

Civil Remedies
  • Interlocutory / permanent injunction
  • An order for the surrender or the destruction of the offending trademark or signage
  • Damages or account of profits in lieu of damages
  • A declaration of the plaintiff’s rights to the trademark and defendant’s infringement of these rights
Criminal Sanctions
  • Monetary fines or imprisonment or both
  • Prohibition of importation; seizure; detention; forfeiture of counterfeit trademark   goods
Others It is an offence to represent a trademark as registered when it is not
Time frame for various legal actions 12 – 36 months
Alternative dispute resolution
  • Mediation
  • Arbitration
Any specialized courts for IP Not available