Check the trademark before or after finalizing the name.
This order is not a procedure, but a decision that affects the entire investment in the name.
Trademark checks must be done before finalizing the name, not after. Specifically: conduct two layers, a quick scan when there are still 5 to 7 names on the list, then a thorough check on the final name before printing and registration. Vietnam follows the principle of first-to-file, meaning rights belong to the earliest applicant, not the one who names first, so waiting until after finalization to check puts you at a disadvantage.
- quick scan when there is a short list of 5 to 7 names
- thorough research before finalizing the name and before any printing
- submit registration early as Vietnam follows the first-to-file principle
- fall in love with a name before researching, hard to backtrack
- only check for exact name matches, ignoring similar-sounding or meaning-related names
Many business owners look up trademarks after they have already liked a name, envisioned the identity system, and even printed trial packaging. That is the reverse order. It is not because of mandatory procedures, but because discovering a name conflicts with someone else's trademark at that stage incurs very high costs: packaging, signage, documents, social media accounts, domain names, everything needs to be redone from scratch.
Two layers of research, two time points
Checking trademarks is not a single step. There are two layers, done at two different times during the naming process.
- Quick scan (knockout search): Do this as soon as you have a shortlist of 5 to 7 names. The goal is to eliminate names with obvious conflicts, exact duplicates, or taken domains before investing time in deeper evaluation. This step is quick and does not replace legal research.
- Comprehensive search: Conducted on the final name, before printing, communication, or submitting an application. This step examines names that are phonetically or semantically similar, unregistered trademarks that are widely used, and related industry groups. It is necessary to have an industrial property representative conduct this to obtain legal opinions.
These two steps follow one another, they do not replace each other. A quick scan followed by submission still exposes significant risks.
Why Vietnam needs to act sooner
Vietnam follows the first-to-file principle: the rights to a trademark belong to the earliest applicant, not the person who named it first or used the name longer. There are exceptions, such as famous trademarks or applications deemed filed in bad faith, but proving these exceptions is costly and uncertain. This has two practical consequences for you.
- If you finalize a name and use it for a while before submitting the application, someone else could submit an application for that name before you during the waiting period.
- An early search helps you know if that name is still available, allowing you to decide whether to continue investing in this name or switch to another before incurring additional costs.
Practical conclusion: after finalizing the name and obtaining comprehensive search results showing no serious risks, you should submit the trademark application as soon as possible.
Search before finalizing (two layers): Each name on the shortened list comes with a risk assessment, allowing you to make an informed choice. The final name is thoroughly checked before printing. After finalizing, submit the application immediately to maintain priority according to the first-to-file principle.
Common errors when researching trademarks
- Only research exact name matches: Names that are similar in sound or meaning can also cause conflicts. For example, two names that sound alike even if spelled differently may be considered confusing.
- Only research one industry: Conflicts may arise from related industries, not just your main industry. The research scope needs to cover all relevant groups.
- Confusing preliminary searches with legal guarantees: A quick scan alerts to risks but does not confirm that the name is safe for registration. These are two entirely different matters.
- Creating packaging before submitting the application: The gap between finalizing the name and submitting the application is a risk. Someone could submit that name before you during that time.
Where does searching fit in the naming process
Searching is not the final step after selecting names. A reasonable approach is to narrow down a long list to a few names by evaluating them in parallel: language criteria, preliminary trademark checks, domain names, and names on major social media platforms. Each name presented to the decision-maker should include a risk assessment to inform the choice, rather than discovering issues only after selection.
Trademark checks should be done early in the naming process, before making significant investments, to understand the rights of others regarding that mark.
INTA, Considerations in Selecting a Trademark
The boundaries need to be clear: preliminary searches are only to provide early warnings in the naming process. A full search and application submission should be handled by a legal expert in intellectual property, and the preliminary report should not replace that step. The content here is for reference only and does not substitute for legal advice.
Decision checklist
Topic: Should you check trademarks before or after finalizing a name? Sinh Vũ guide, sinhvu.com
Tick each item that applies or that you can already answer, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
This article provides general information according to the documents in effect as of October 6, 2026. This is not legal advice and does not substitute for a lawyer's opinion for your specific case. Rights and obligations between Sinh Vũ and clients arise only according to the signed contract.
References
INTA, Considerations in Selecting a Trademark. Vietnam Intellectual Property Office (IP Vietnam), trademark registration guidelines. Harris Sliwoski, Registering Trademarks in Vietnam (principle of filing first). Practical experience in the naming process and brand voice, Sinh Vũ Studio.
Frequently asked questions
Does a preliminary search mean that the name is legally safe?
No. Preliminary searches only alert you to obvious risks, helping to eliminate names with clear conflicts early on. To reach a safe legal conclusion, you need a full search and the opinion of a qualified intellectual property representative. This article is for reference only and does not replace legal consultation.
If the name has not been registered, can I use it immediately?
Not registering does not mean you can use it freely. You still need to check for similar names phonetically or in meaning within related industries, as well as unregistered trademarks that are widely used in the market. After thorough research and deciding to use it, you should file for registration as soon as possible because Vietnam follows the first-to-file principle.
Do you need to search across multiple industries or just the one you operate in?
Need to research multiple groups. A brand can cause conflicts if the industry group is related to the field you operate in, even if not identical. This is why thorough research conducted by experts is more important than self-research, as they will accurately determine the scope of groups that need to be checked.
This article is for reference. The scope, pricing, and specific commitments of Sinh Vũ are detailed in the proposal and signed contract.