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 used it first. Therefore, you should register as soon as the name and logo 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.
- 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 the question Sinh Vũ hears a lot from businesses that have just completed their identity system and are preparing to enter the market. The answer is almost always 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 one who files first at the Intellectual Property Office has the rights, even if the other party has used that name in the market. This differs from the common belief that using it first means ownership. Prior use does not automatically grant protection rights.
Registering as early as possible.
The right time is as soon as the name and identity signs are finalized, before you launch widely, print large quantities of packaging, create chain signage, or run communications. The longer the brand is exposed without filing, the higher the chance that another party will file first or duplicate.
The process and actual time
According to the Intellectual Property Office, the application undergoes a formal examination for about a month, is published for two months, and then the substantive examination takes no more than nine months. In practice, from the time of submission to the issuance of the certificate usually takes about eighteen to twenty-four months. Given such a long process, submitting early helps you secure your place from the start.
Sinh Vũ's viewpoint
In Sinh Vũ's practice, design and registration are two different layers but should go in sync. Sinh Vũ creates names and signs that are distinct enough to be protectable, while the application process should be done with a lawyer or intellectual property representative. Don't let a beautiful identity system remain unprotected just because you think registration is something to do later.
Decision checklist
Topic: When to need to register a trademark and why you should register early. 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.
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, but there is no exclusivity and it is not legally protected against others. If someone files a similar application and is granted a certificate, they can request you to stop using it, even if you used it first.
Who should you ask to handle the registration procedures?
You should work with a lawyer or intellectual property representative who has experience. They will check for potential overlaps, categorize products and services, and monitor the application until the trademark is granted. Sinh Vũ is a design entity and does not replace this legal role.