Registering a trademark: should you do it early or late
In Vietnam, those who apply first are prioritized, so the timing of registration is much more important than many people think.
Vietnam applies the first-to-file principle, meaning that whoever files first has priority, not whoever uses first. Therefore, you should register as soon as the name and sign are finalized, before a wide launch or significant investment in packaging and signage. Waiting until the brand is well-known to register is the highest risk moment. If the name is still being tested or the model may change direction, it is best not to file too early.
- About to launch widely or open a chain.
- About to make a significant investment in packaging and signage
- A distinctive, protectable name
- There is a plan for fundraising or franchising.
- The name is still under testing and has not been finalized.
- The model is still pivoting and may change its name.
This is a question many businesses ask right after completing their identity system and preparing to enter the market. The answer is often to register early, and the reason lies in how Vietnamese law operates.
Why is early submission prioritized
Vietnam follows the first-to-file principle: between two parties wanting the same trademark, the first valid applicant at the Intellectual Property Office is prioritized for the issuance of the certificate, even if the other party has used that name in the market. This differs from the common belief that prior use grants ownership. Prior use does not automatically confer the right to protection. The exceptions are very narrow, such as well-known trademarks or applications proven to be filed in bad faith, and are often difficult to prove for small and medium enterprises. Conducting a search before filing helps reduce risks but does not guarantee the issuance of the certificate.
Registering as early as possible.
The right time is as soon as the name and identifying signs are finalized, before a wide launch, printing large quantities of packaging, creating signage for chains, or running communications. The longer the brand is exposed without filing, the higher the chance that another party will file first or there will be duplication. Conversely, if the name is still being tested, filing early only incurs costs for a name that may be discarded.
The process and actual time
The application goes through three stages: form assessment, publication of the application, and then content assessment. The amended Law on Intellectual Property No. 131/2025/QH15, effective from 01/04/2026, has shortened the statutory timeframes for these stages, but the actual time from submission to the issuance of the certificate is often longer than what is stated on paper, sometimes exceeding a year. You should inquire with the industrial property representative about the current timeframe. Given the lengthy process, submitting early helps you secure your place from the start. Once granted, it still needs to be used: a trademark that is not continuously used for five years may be subject to cancellation by others.
Decision checklist
Topic: When to need to register a trademark and why you should register early. 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
Vietnam Intellectual Property Office, Trademark and registration process (ipvietnam.gov.vn); Intellectual Property Law and guidelines for trademark registration (luatvietnam.vn). This information is for reference only and does not replace legal advice.
Frequently asked questions
Can you use the trademark if it hasn't been registered?
In principle, you can still use it if it does not conflict or cause confusion with a trademark that is already protected, but you do not have exclusivity and are not legally protected against others. If another party files a conflicting application and is granted a certificate, they can request that you cease use, even if you used it first. This is for reference; for specific cases, you should consult a lawyer.
Who should you ask to handle the registration procedures?
There are two ways: self-filing or working with an experienced lawyer or industrial property representative. Self-filing saves costs but can lead to mistakes in searching for potential conflicts and selecting the appropriate product and service classes. A professional can assist with searches, classification, and monitoring the application until the certificate is issued. Designing identity and legal procedures are two different tasks, so do not confuse the design agency with the legal representative.
This article is for reference. The scope, pricing, and specific commitments of Sinh Vũ are detailed in the proposal and signed contract.