Can a Distribution Company in Vietnam Register a Foreign Trademark?

Quick answer: Yes — but subject to conditions and caveats regarding the rights of the original trademark owner. Under the Intellectual Property Law 2005 (as amended and supplemented in 2022, effective 01/01/2023), organizations and individuals have the right to register trademarks for goods and services they produce or provide. A distribution company in Vietnam may file a trademark application with the Intellectual Property Office of Vietnam; however, if the trademark already belongs to the manufacturer or another entity, registration may be refused, opposed or challenged — so the legal status of the trademark should be carefully reviewed before filing.

Current legal framework

• Intellectual Property Law 2005, as amended and supplemented by the 2022 Amending Law (effective 01/01/2023) — rules on the right to register and conditions for trademark protection;
• The implementing decree and documents of the Intellectual Property Office of Vietnam on registration procedures.

Who has the right to register a trademark?

Under the IP Law, organizations and individuals have the right to register trademarks used for goods they produce or services they provide. For distribution companies:

• Registering a trademark for its own distribution services — entirely possible, if the trademark meets protection conditions (distinctiveness, no conflict with protected trademarks…);
• Registering the manufacturer’s trademark — should only be done when authorized by the manufacturer or assigned the right to file; unauthorized registration of another’s trademark may be refused or have its validity cancelled;
• Agents and distributors registering the owner’s trademark without permission — the trademark owner has the right to oppose and request cancellation.

Trademark protection conditions (summary)

• Being a visible sign (words, images, colors, or combinations…);
• Having the capability to distinguish the owner’s goods and services from those of other entities;
• Not falling into unprotectable signs (descriptive, lacking distinctiveness, coinciding with national flags, protected geographical indication place names…).

Key notes

• The conclusion that “a distributor is automatically entitled to register every trademark it distributes” is incorrect — the right to register attaches to goods/services the distributor itself produces, provides, or for which the filing right has been assigned;
• Before filing, a preliminary search should be conducted at the Intellectual Property Office of Vietnam to assess conflict risks;
• In exclusive distribution relationships, the parties should clearly agree on trademark ownership, use and registration rights in the distribution contract.

How ANT Legal can help

ANT Legal advises on, searches for and represents clients in filing trademark applications, handles oppositions and complaints, and drafts intellectual property clauses in distribution contracts. For advice on your specific case, please contact our lawyers at 0966.475.966.