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.
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.
Checking trademarks is not a single step. There are two layers, done at two different times during the naming process.
These two steps follow one another, they do not replace each other. A quick scan followed by submission still exposes significant risks.
Vietnam follows the first-to-file principle: the rights to a trademark belong to the earliest applicant, not the one who named it first or used it longer. This has two practical implications for you.
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.
In the S3 process at Sinh Vũ, research is not the final step after selections are made. Sinh Vũ filters a long list of 30 to 50 names down to 5 to 7 names by evaluating them in parallel: language criteria, preliminary trademark checks, domain availability, and names on major social media platforms. Each name presented to you includes a risk range so you can make an informed choice, rather than selecting and then discovering where the issues lie.
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 boundary needs to be clear: Sinh Vũ conducts preliminary searches to provide early warnings in the naming process. A full search and application submission is the responsibility of a legal expert in industrial property. You should not use Sinh Vũ's preliminary report as a substitute for that step.
Topic: Should you check trademarks before or after finalizing a name? Sinh Vũ guide, sinhvu.com
Select each item you find appropriate, 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.
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 S3 process, Sinh Vũ Studio.
No. Preliminary searches only alert you to obvious risks, helping to eliminate names with clear conflicts early on. To conclude legal safety, you need a comprehensive search and the opinion of an industrial property representative with expertise. Sinh Vũ conducts preliminary steps to provide early warnings in the naming process, not to replace that in-depth legal step.
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.
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.