IP and trademark registration in Vietnam
How to register a trademark, patent, copyright, or industrial design at NOIP — costs, timelines, and the first-to-file trap.
Not legal advice. IP law is complex and fees change. Verify all details with a qualified Vietnamese IP attorney before acting. This page is a general orientation only.
Vietnam IP framework in one paragraph
Vietnam's intellectual property system is governed by the 2005 Law on Intellectual Property, substantially amended in 2009, 2019, and 2022. The National Office of Intellectual Property (NOIP), operating under the Ministry of Science and Technology, is the central registry for trademarks, patents, and industrial designs. Copyright sits with the Copyright Office of Vietnam (COV) under the Ministry of Culture. Vietnam is a signatory to key international treaties including the Paris Convention, the Berne Convention, and the Madrid Protocol, so foreign rights holders have recognised pathways to protection — but domestic registration is still strongly recommended before you launch or license.
Trademarks at NOIP
A trademark protects a brand name, logo, slogan, or combination that distinguishes your goods or services. To register, you file an application with NOIP identifying the mark, the applicant, and the Nice Classification classes you want to cover. NOIP examines formality (roughly two to three months), then substantive examination (up to nine months from the filing date). If approved, the mark is published for opposition for two months. A registered trademark is valid for ten years and renewable indefinitely in ten-year increments.
Foreign applicants without a Vietnamese address must appoint a locally registered IP agent. Most businesses starting a company in Vietnam or entering through franchising in Vietnam engage an agent at the same time as entity formation.
Patents
Vietnam recognises three patent types: invention patents (20-year term), utility solution patents (10-year term, lower inventive-step bar), and layout designs for integrated circuits. NOIP examines inventions for novelty, inventive step, and industrial applicability. The full process — from filing through publication and examination — typically takes two to four years for inventions. Utility solutions are faster, often 18 to 30 months in practice. Patent protection is territorial; a Vietnamese patent gives no rights outside Vietnam.
Copyright
Copyright arises automatically on creation under Vietnamese law — no registration is required. However, voluntary registration with the COV provides a dated official record that is useful in disputes. Registration is straightforward: submit an application, a copy of the work, and the prescribed fee. Processing takes roughly ten to fifteen working days for most creative works. Copyright in works by individuals lasts for the author's lifetime plus 50 years; for cinematographic and photographic works the term is 75 years from first publication.
Industrial designs
An industrial design covers the visual appearance of a product — shape, lines, colour, or ornamentation. NOIP examines designs for novelty and industrial applicability. Registration grants a five-year term, renewable twice (15 years maximum). Designs that are purely functional cannot be protected as industrial designs but may be patentable.
The first-to-file trap
Vietnam operates a strict first-to-file system. This means that whoever files a trademark or patent application first generally wins the right — not the party who created, used, or commercialised the IP first. This is the single most important practical point for foreign brands entering Vietnam.
Trademark squatting is a documented problem. Local actors sometimes pre-register well-known foreign brand names before the legitimate owner arrives. Reclaiming a squatted mark through cancellation or bad-faith opposition proceedings is possible but slow and costly — sometimes taking several years. The practical advice is simple: file at NOIP before you publicise your Vietnam plans, before you exhibit at trade shows, and before you appoint a distributor. If you are also registering a company, file the trademark application in parallel or earlier.
International registrations (Madrid, PCT)
Madrid Protocol. Vietnam joined Madrid in 2006. If you already hold a base registration or have a pending application in your home country, you can extend protection to Vietnam through a Madrid international application filed via your national IP office. NOIP then has 18 months to raise objections. Madrid is often cheaper than direct national filing once you are covering several jurisdictions.
Patent Cooperation Treaty (PCT). Vietnam is a PCT member. A PCT application gives you up to 30 months from the priority date to enter the Vietnamese national phase. This is the standard route for inventions being filed globally.
Indicative costs
These are rough 2026 estimates and are subject to change. Typically, obtain a formal quote from your IP agent.
| Right | Official NOIP fee (estimate) | Typical agent fee (estimate) |
|---|---|---|
| Trademark (one class) | VND 550,000–750,000 | USD 200–500 |
| Each additional class | VND 120,000–180,000 | Included or small add-on |
| Invention patent | VND 1,200,000–2,500,000 | USD 500–1,500 |
| Utility solution patent | VND 600,000–1,200,000 | USD 300–800 |
| Industrial design | VND 400,000–700,000 | USD 200–500 |
| Copyright registration | VND 100,000–200,000 | USD 50–150 |
Government fees are denominated in VND; agent fees are commonly quoted in USD for foreign clients. Costs for complex marks, multi-class filings, or disputed applications will be higher.
Indicative timelines
| Right | Estimated total time |
|---|---|
| Trademark | 12–18 months (uncontested) |
| Invention patent | 24–48 months |
| Utility solution patent | 18–30 months |
| Industrial design | 9–18 months |
| Copyright (voluntary) | 2–4 weeks |
These figures reflect typical uncontested cases. Oppositions, office actions, or backlogs at NOIP can add months or years. NOIP periodically introduces accelerated examination programmes — your agent can advise on current availability.
Common pitfalls
- Filing too late. Squatters are active; file before you go public.
- Wrong classes. Under-filing (choosing too few Nice classes) leaves gaps a competitor can exploit. Over-filing wastes fees. Get a class analysis done.
- Using a non-registered agent. Only IP agents licensed by NOIP can represent foreign applicants. Unregistered intermediaries cannot legally file on your behalf.
- Ignoring translations. If your mark includes foreign words, NOIP may require a translation or transliteration. A phonetically similar Vietnamese word can itself be a conflict.
- Letting renewals lapse. Trademarks must be renewed every ten years. A lapsed mark can be re-registered by a third party. Set calendar reminders well in advance.
- Assuming copyright registration is enough. For commercially valuable works, registration plus a clear licensing and assignment paper trail matters in court. Keep dated source files.
- Not watching the register. NOIP does not automatically notify you of conflicting applications. Most IP agents offer a watching service for a modest annual fee.
Frequently asked questions
How long does trademark registration typically take in Vietnam?
Does Vietnam use a first-to-use or first-to-file system for trademarks?
Can a foreign company file a trademark directly with NOIP, or is a local agent required?
Is copyright registration in Vietnam compulsory?
What is the difference between an invention patent and a utility solution patent in Vietnam?
What happens if a trademark renewal lapses in Vietnam?
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