You have built a brand, registered it in your home country, and now you are entering the Vietnamese market. Then you discover that trademark rights in Vietnam do not follow your global registration—they follow whoever files first in Vietnam. Your brand name is already being used by a local competitor, or worse, a trademark squatter has filed an application in your name. This guide walks you through the exact legal framework, required documents, official application form, and copyable templates to register your foreign commercial brand as a trademark (nhãn hiệu) in Vietnam before it is too late.
What Legal Framework Governs Foreign Trademark Registration in Vietnam?
Vietnam’s trademark regime is grounded in the Law on Intellectual Property (2005, amended in 2009, 2019, and 2022), with the 2022 amendments being the most far-reaching to date. The core implementing regulation is Decree No. 65/2023/ND-CP, effective from August 23, 2023, which implements the 2022 amended IP Law for industrial property rights, including trademarks.
Vietnam follows a strict “first-to-file” system, meaning trademark rights are prioritized based on the application date, not actual usage. Unregistered trademarks risk being squatted on by third parties. This is the single most important reality for foreign brand owners: if you have not filed in Vietnam, you have no enforceable trademark right, no matter how famous your brand is globally.
Vietnam is a member of the Madrid Agreement (1949) and the Madrid Protocol (2006), and accepts either single-country national applications or Madrid International Registrations designating Vietnam. Under the Paris Convention, applicants who have filed in another member state can claim priority within six months, provided they declare it during application and submit supporting documents.
Required Documents Checklist for Foreign Applicants
Based on the official requirements under Circular No. 01/2007/TT-BKHCN and its amendments, as well as NOIP practice, prepare the following documents for your trademark application:
- Trademark registration declaration (Form No. 04-NH): 02 typed copies, prepared according to Appendix A of Circular No. 01/2007/TT-BKHCN. This form is completed and signed by your appointed Vietnamese IP agent.
- Power of Attorney (Giấy ủy quyền): Signed by the applicant (and sealed if the applicant is an organization). Notarization is not mandatory, but the document must clearly state the names and addresses of the applicant and the appointed agent, the scope of authorization, and the date of execution. Foreign-language versions require a Vietnamese translation prepared by the agent.
- Trademark specimen: 16 copies printed on smooth, durable paper with maximum dimensions of 8cm × 8cm. This requirement applies even for word marks. If color is claimed, the relevant colors must be shown in the specimen.
- List of goods and services: Classified under the Nice Classification. The specific items must be listed—claiming “all goods” in a class is not permitted. The first six items per class are included in the base fee; additional items incur extra charges.
- Applicant identification documents: Copy of the business registration certificate or passport (for individuals), translated into Vietnamese and certified. Foreign documents need Vietnamese translations with official seals.
- Priority documents (if claiming priority): A copy of the earlier application and a Vietnamese translation, submitted at the time of filing or within a specified period.
- Fee receipt: Proof of payment of the official filing fee.
Form No. 04-NH: Official Application Field-by-Field Breakdown
Form No. 04-NH is the core declaration for trademark registration, issued under Circular No. 01/2007/TT-BKHCN (Appendix A). It is completed by your appointed Vietnamese IP agent on your behalf. Below is a structured breakdown of the key fields you or your agent must populate.
FORM NO. 04-NH – TRADEMARK REGISTRATION DECLARATION
(Issued under Circular No. 01/2007/TT-BKHCN, Appendix A, as amended) TO: NATIONAL OFFICE OF INTELLECTUAL PROPERTY OF VIETNAM (NOIP) [NOIP Address, Hanoi / Ho Chi Minh City / Da Nang] SECTION 1 – APPLICANT INFORMATION [01] Applicant’s full name: [Full Name of Individual or Company]
[02] Address: [Full Address]
[03] Nationality / Country of Incorporation: [Nationality]
[04] Telephone / Fax / Email: [Contact Details] SECTION 2 – AUTHORIZED REPRESENTATIVE (IP AGENT) [05] Agent’s full name: [Vietnamese IP Agent Firm Name]
[06] Agent’s address: [Agent Address]
[07] Telephone / Fax / Email: [Agent Contact Details]
[08] Agent’s registration number: [IP Agent Registration No.] SECTION 3 – TRADEMARK INFORMATION [09] Type of mark (mark all applicable): [ ] Trademark [ ] Service mark [ ] Collective mark [ ] Certification mark [ ] Associated mark [10] International classification (Nice Classification): Class(es): [e.g., 25, 35] [11] Description of the mark: [Describe the mark in words. If color is claimed, specify the colors. Provide a brief description of figurative and characteristic elements and the overall composition of the mark.] [12] Transliteration / translation of non-Vietnamese or non-English words: [If the mark contains words in other languages, provide transliteration or English translation.] [13] If collective mark: [Indicate the relevant elements of the mark]
[14] If certification mark: [State the purpose, content, and method of certification] SECTION 4 – GOODS AND SERVICES [15] List of goods/services under the Nice Classification: Class [Number]: [Specific item 1], [Specific item 2], [Specific item 3], ... (Maximum 6 items per class included in base fee; additional items incur extra charges.) SECTION 5 – PRIORITY CLAIM (If applicable) [16] Treaty or agreement under which priority is claimed: [e.g., Paris Convention]
[17] Application number of the earlier filing: [Number]
[18] Country of the earlier filing: [Country]
[19] Filing date of the earlier filing: [dd/mm/yyyy] SECTION 6 – ATTACHMENTS [20] Documents submitted with this declaration: [ ] Power of Attorney [ ] Trademark specimens (16 copies) [ ] Priority documents (if applicable) [ ] Fee receipt [ ] Other: [specify] SECTION 7 – DECLARATION AND SIGNATURE I hereby declare that the information provided in this declaration is true
and correct. I accept full legal responsibility for any false statements
herein. Date: [dd/mm/yyyy] Signature and Seal (if applicable):
[Applicant’s Signature / Company Seal]
[Full Name of Signatory]
[Title]Power of Attorney (Giấy Ủy Quyền) Template for Foreign Applicants
Your Power of Attorney is the legal instrument that authorizes your Vietnamese IP agent to act on your behalf before the NOIP. Without a valid PoA, the NOIP will not accept your application. Below is a copyable template adapted to the official requirements.
POWER OF ATTORNEY
(GIẤY ỦY QUYỀN) Socialist Republic of Vietnam
Independence – Freedom – Happiness [City/Province], [Date] I/We, the undersigned: Full name / Company name: [Applicant Full Name or Company Name]
Address: [Full Address]
Nationality / Country of Incorporation: [Nationality]
Passport No. / Business Registration No.: [Number]
Represented by (if company): [Name and Title of Authorized Signatory] Hereby appoint as my/our lawful attorney: Agent firm name: [Vietnamese IP Agent Firm Name]
Address: [Agent Address]
Telephone: [Phone Number]
Email: [Email Address] to proceed on my/our behalf in Vietnam with the following matters: [ ] Filing and prosecuting a trademark application for the mark: [Trademark Name]
[ ] Requesting priority rights based on application No. [Number] filed in [Country] on [Date]
[ ] Paying fees and receiving official notifications and certificates
[ ] Amending, supplementing, or responding to any NOIP notices regarding the application
[ ] Renewing, licensing, or assigning the trademark rights
[ ] Filing appeals or complaints regarding the trademark This Power of Attorney is valid from [Start Date] until [End Date or "until further written notice"]. I/We confirm that all actions taken by the appointed agent within the scope of this authorization are legally binding on me/us. Date: [dd/mm/yyyy] Signature and Seal (if applicable):
[Applicant’s Signature / Company Seal]
[Full Name of Signatory]
[Title]Official Submission Step-by-Step Procedure
The trademark registration process in Vietnam follows a defined sequence. Do not skip the pre-filing search—it is the single most effective way to avoid rejection based on similarity with existing marks.
- Conduct a trademark search (recommended). Use the NOIP’s website or the WIPO platform to check for identical or confusingly similar marks in the relevant classes. Adjust your mark if it shows over 70% similarity to an existing registered mark.
- Appoint a Vietnamese IP agent. Foreign applicants without a residence or establishment in Vietnam must act through a licensed industrial property representative.
- Prepare and submit the application. File Form No. 04-NH with the NOIP, either online or in person at NOIP offices in Hanoi, Ho Chi Minh City, or Da Nang. Submit the signed PoA, trademark specimens, goods/services list, and fee receipt.
- Formal examination (approximately 1 month). The NOIP reviews the application for completeness and compliance with formal requirements. If the application is incomplete, you will receive a notice to supplement within a specified deadline, or the application risks abandonment.
- Publication and opposition (approximately 7 months total). Applications are published in the Official Gazette within two months. Third parties have five months to oppose on grounds such as squatting or lack of distinctiveness, requiring evidence and fees.
- Substantive examination (9–18 months). The NOIP assesses distinctiveness and conflicts with prior marks. Outcomes include approval, partial approval (after narrowing the scope), or rejection. Applicants can respond to rejections within two months or appeal to the NOIP’s Appeal Board or a court.
- Certificate issuance (2–3 months after payment). After examination and payment of registration and publication fees, electronic certificates are issued within 2–3 months. Paper certificates are optional. Trademark rights take effect upon registration.
Official Fees and Charges (NOIP Schedule)
Trademark registration fees in Vietnam are regulated by the Ministry of Finance. The following rates are quoted from the NOIP’s official fee schedule under Circular No. 22/2009/TT-BTC.
- Filing fee (paper form without digital database): 180,000 VND
- Filing fee (paper form with digital database): 150,000 VND
- Filing fee (online): 100,000 VND
- Additional fee for each product/service in excess of six: 30,000 VND per item
- Fee for priority right (per application): 600,000 VND
- Fee for amending applications (per amendment): 120,000 VND
- Fee for granting a Certificate for trademark registration: 120,000 VND
- Additional fee for each class of goods/services in excess of one: 100,000 VND
- Fee for amending a Certificate for trademark registration: 120,000 VND
These are official government fees only. Your appointed IP agent will charge separate professional service fees, which vary by firm and the complexity of your application. Verify current fee rates directly with your IP agent or the NOIP before filing, as fee schedules may be updated.
Common Mistakes That Get Trademark Applications Rejected
- Filing without a pre-filing search. Skipping the search increases the risk of rejection based on similarity with existing marks. Under Vietnam’s first-to-file system, even an unintentional conflict with a registered mark will result in refusal.
- Claiming “all goods” in a class. The NOIP does not allow applicants to claim all goods in a class. The application must specify particular items, both for examination and for fee calculation.
- Submitting documents in a foreign language without translation. All application documents must be in Vietnamese. Foreign-language documents require a Vietnamese translation, which must be submitted by the appointed agent.
- Filing without a valid Power of Attorney. Foreign applicants cannot file directly. A signed PoA authorizing a licensed Vietnamese IP agent is mandatory.
- Using purely non-Latin script marks without graphical elements. Trademarks consisting solely of characters from non-Latin scripts may face distinctiveness issues. Consider combining with English, Pinyin, or graphic elements to strengthen the mark.
- Missing the priority claim deadline. If you claim priority under the Paris Convention, you must declare it at the time of filing and submit supporting documents within the specified period.
Frequently Asked Questions
Q1: Can a foreign company file a trademark application directly in Vietnam?
No. Foreign applicants without a residence or establishment in Vietnam cannot file directly with the NOIP. The law requires them to act through a licensed Vietnamese industrial property representative with a signed Power of Attorney.
Q2: Which application form is required for trademark registration in Vietnam?
The core application is Form No. 04-NH, issued under Appendix A of Circular No. 01/2007/TT-BKHCN, as amended. The form is completed and signed by your appointed Vietnamese IP agent.
Q3: How long does trademark registration take in Vietnam?
A smooth application typically takes approximately 12–18 months from filing to certificate issuance. This includes formal examination (approximately 1 month), publication and opposition (approximately 7 months), substantive examination (9–18 months), and certificate issuance (2–3 months). Delays from oppositions or reexaminations may add additional time.
Q4: What is the filing fee for a trademark application in Vietnam?
The official filing fee is 180,000 VND for paper applications without a digital database, 150,000 VND for paper applications with a digital database, and 100,000 VND for online applications. An additional 30,000 VND is charged for each product or service in excess of six per class. The fee for granting a trademark registration certificate is 120,000 VND, with an additional 100,000 VND for each class beyond the first.
Q5: Can I use the Madrid Protocol to register my trademark in Vietnam?
Yes. Vietnam is a member of both the Madrid Agreement and the Madrid Protocol. You may file a single international application under the Madrid System and designate Vietnam for protection. Alternatively, you may file a national application directly with the NOIP through a Vietnamese IP agent.