Requirements for a Trademark Registration Application Under the Law

Short answer: A trademark registration application must satisfy the requirements in Article 105 of the Law on Intellectual Property (as amended and supplemented by Law No. 131/2025/QH15, effective from 1 April 2026): the trademark specimen and the list of goods and services bearing the mark (together with the regulations on use for collective marks and certification marks); the specimen must clearly describe its constituent elements; goods and services must be classified under the Nice Classification. A mark is protectable only if it is a visible sign (or a sound sign representable in graphic form) and capable of distinguishing (Article 72).

Legal basis

• Law on Intellectual Property 2005 (as amended and supplemented by the 2009 Law, the 2022 Law, and Law No. 131/2025/QH15, effective from 1 April 2026) — Articles 72, 87, 105, 119;
• Circular No. 10/2026/TT-BKHCN guiding trademark application dossiers.

Conditions for trademark protection

Under Article 72 of the Law on Intellectual Property (2022 amendments), a mark is protectable if:

• It is a visible sign in the form of letters, words, drawings, images, three-dimensional figures, or a combination thereof, represented in one or more colors, or a sound sign representable in graphic form;
• It is capable of distinguishing the goods or services of the mark owner from those of other entities.

Who may register a trademark?

Under Article 87 of the Law on Intellectual Property:

• Organizations and individuals may register marks used for goods they produce or services they provide;
• Lawfully trading organizations and individuals may register marks for products they market but which are produced by others (provided the producer does not use and does not object);
• Collective organizations may register collective marks; organizations with control or certification functions may register certification marks;
• Two or more organizations or individuals may jointly register a mark to become co-owners if the use is in the name of all co-owners and does not mislead consumers;
• The representative or agent of a mark owner may not register that mark in Vietnam without the owner’s consent (except where there is a legitimate reason).

Requirements for a trademark registration application

Under Article 105 of the Law on Intellectual Property (2022 amendments):

• Documents, specimens, and information identifying the mark: the trademark specimen and the list of goods and services bearing the mark; regulations on the use of a collective mark or certification mark (if any);
• Trademark specimen: must be described to clarify its constituent elements and overall meaning (if any); pictographic words must be transliterated; non-Vietnamese words must be translated into Vietnamese; a sound mark must include the audio file and its graphic representation;
• Classification of goods and services: must be classified into groups consistent with the Nice Classification published by the state management authority for industrial property;
• Regulations on use of a collective/certification mark must contain the principal statutory contents (owner, conditions of use, list of authorized users, measures for handling violations, etc.).

New points from 1 April 2026 (Law No. 131/2025/QH15)

• The substantive examination period for trademark applications is reduced from 09 months to 05 months from the date of application publication (Item 44, Article 1, amending Article 119);
• A fast-track substantive examination mechanism within 03 months is added for trademark applications satisfying Government-prescribed conditions (Clause 2a, Article 119);
• The authorization term in industrial property representation authorization documents is limited under the Civil Code 2015 (01 year if the parties do not agree otherwise) — no longer indefinite by default.

Frequently asked questions

May two companies jointly register one trademark?

Yes, as co-owners if the conditions in Clause 5, Article 87 are satisfied. In practice this is rare; normally the parties agree for one party to stand as the registrant while the other is permitted to use it under contract.

Where is a trademark application filed?

At the Intellectual Property Office of Vietnam (Ministry of Science and Technology), filed directly, by post, or online.

To search protectability and prepare a compliant trademark application, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.