By Van Trinh

Intellectual Property Rights (IPRs) are gaining significant attention from the Vietnamese government, not only as a means to safeguard the true value of IP assets but also as a catalyst for technology and innovation. Backed by strong governmental support and a clear national strategy to combat counterfeiting and protect consumers, Vietnam is opening new opportunities for genuine products to thrive in its market.

For business operation in Vietnam, registering IPRs such as trademarks, patents, and designs is an essential first step. Then, to maintain protection and fully capitalize on their commercial value, it is equally important for businesses to actively use their registered trademarks in commerce in compliance with local laws. Once your trademark is registered, ensuring its proper and lawful use is just as important as obtaining the registration itself. In practice, there are several key points that trademark owners in Vietnam should keep in mind:

1. Consistent and continuous use of trademarks

Vietnamese IP Laws imposes an ongoing obligation on trademark owners to maintain use of their trademarks after registration. From a legal perspective, “use” is interpreted broadly to cover the application of the trademark on business facilities such as products, packaging, advertising materials, business premises, or in connection with sales, marketing, importation, and service provision. 

Mere symbolic or token use is insufficient. Enforcement authorities will consider whether the use is genuine or actual use, based on factors such as the geographic location, the frequency and volume of sales, the scale of marketing, and the overall visibility of the mark in the marketplace, etc.

Importantly, the trademark should be used exactly as registered, especially in terms of its word elements, designs and other distinctive features. Any material deviation from the registered form may not be recognized as valid “use” and could even risk infringing another party’s rights if the altered version is confusingly similar to their marks. This is especially critical for composite marks combining words and logos, where both elements contribute to the distinctiveness of the registration.

If a trademark remains unused for a prolonged period of five consecutive years, it may be vulnerable to third-party challenges seeking cancellation on the grounds of non-use. Even if use is resumed, the timing of such resumption in relation to a cancellation action is critical in determining whether the rights can be preserved.

For this reason, maintaining a documented record of consistent, substantial, and accurate use aligned with the registered version is not only a legal safeguard against cancellation, but also a strategic brand management practice. It reinforces market presence, builds consumer recognition, and ensures the trademark’s continued legal enforceability in Vietnam.

2. Truthful Use of the ® Symbol

The symbol signifies that a trademark is officially registered and protected. Misusing this symbol for marks that are not yet registered in Vietnam constitutes “providing wrongful indication of the legal status of IP rights” and is subject to administrative penalties. Under current regulations, administrative fines range from VND 10,000,000–20,000,000 (approx. USD 378–756) for individuals, and VND 20,000,000–40,000,000 (approx. USD 756–1,512) for organizations. 

To mitigate such risks, trademark owners should ensure that all products, packaging, marketing materials and business facilities display accurate legal status information. For example:

• Use “®” only for trademarks that have been officially granted protection in Vietnam.
• Use “TM” for marks without registration or still pending under examination.
• Avoid any wording or symbol that may mislead consumers or enforcement authorities regarding the registration status.

This not only ensures legal compliance but also preserves credibility with consumers and partners.

3. Compliance with Product Labeling Requirements

In Vietnam, goods must comply with mandatory product labeling requirements before being legally circulated. Key requirements include:

1. Language – All mandatory label information must be in Vietnamese.
2. Mandatory information – The label must clearly state:
   • The product name;
   • The name and address of the responsible organization or individual; and
   • The country of origin.
3. Supplementary labels – If original labels are in a foreign language, supplementary Vietnamese labels must provide truthful, clear, and accurate translations reflecting the actual nature of the goods.

Mislabeling- such as providing false origin, inaccurate product descriptions, or misleading claims can result in fines, confiscation of goods, or revocation of licenses, depending on the severity of the violation.

If Vietnam market is part of your growth and business strategy, ensuring compliance with trademark use and product labeling laws is not just a legal necessity, it is the key to protecting your rights, building consumer trust, and preventing costly disputes. 

At KASS, we offer end-to-end trademark support- from searches and mark creation to registration and proper usage. And, through Trazion, our specialized translation and localization service, we deliver accurate, compliant, and culturally attuned Vietnamese versions of product labels and IP documents, fully aligned with local regulations and consumer expectations.

By bringing together IP expertise with brand management and cultural insight, we empower you to operate with confidence, minimize legal risks, and safeguard your IP’s long-term value in Vietnam. 

Connect with us at kass@kass.asia and let’s make your brand thrive in Vietnam.