I often hear this in negotiations: "We've already registered our brand in our home country; that's enough." Or: "No one will counterfeit our products in Vietnam." I understand the logic. But it's flawed. Vietnam is a dynamic market, but it's also a hotbed for counterfeits if you're unprotected. Ignoring this means leaving your investments exposed.
The Challenges Brands Face in Vietnam
The first thing you need to understand is: your home country's trademark registration offers no protection in Vietnam. Absolutely none. Intellectual property protection is territorial [20, 32]. Vietnam operates on a "first-to-file" principle [7, 20, 21, 37]. Whoever first files a trademark application with the National Office of Intellectual Property of Vietnam (NOIP) [6, 21] is granted the rights. It doesn't matter how many years you've built your brand in your home country.
This isn't about "being first to market." It's about "being first in the registry." Otherwise, you risk your own distributor or an unscrupulous competitor registering your brand for themselves, as happened with the Vietnamese company Meet More Coffee, whose partner registered their brand in South Korea [32].
How to Register a Trademark: A Step-by-Step Plan
Registration isn't just a formality. It's the foundation for combating counterfeits and unfair competition. The process demands attention to detail and an understanding of local specifics.
National Registration or the Madrid System
You have two main paths. You can file directly with the NOIP [3, 6, 20]. Or you can use the Madrid System if you already have a basic registration in another member country [6, 9, 10, 11, 20]. The choice depends on your global strategy. If Vietnam is the first or only foreign country you're expanding into, direct filing is often more advantageous.
Remember: the application and all supporting documents must be in Vietnamese [3, 9, 22, 23]. Foreign applicants are required to act through an authorized local representative [6, 7, 9, 28, 37]. This is not an option; it's a requirement.
Timeline and Costs: No Illusions
The entire process, from filing the application to receiving the certificate, takes between 12 and 18 months [17, 21]. In some cases, it can extend up to 24 months or even 1–2 years [10, 28]. This isn't a quick sprint. It's a marathon.
The procedure includes several stages:
- Formal examination: 1–2 months [8, 21].
- Application publication: 2 months [8, 21].
- Substantive examination: 9–12 months [8, 15], or 22–26 months from the publication date [23].
Trademark registration fees in Vietnam include an application filing fee (150,000 VND, approximately $6), a publication fee (120,000 VND, approximately $5), a substantive examination fee (550,000 VND, approximately $22), and a certificate issuance fee (120,000 VND, approximately $5) for each class of goods or services [22, 26]. Added to these amounts are legal professional fees, which can range from 560 USD for the first class and 410 USD for each additional class for filing, plus 240 USD for registering the first class and 130 USD for additional classes [2].
Marketplace Protection: Shopee, Lazada, Tiki
After trademark registration, the next stage is proactive protection on key platforms. In Vietnam, these are Shopee, Lazada, and Tiki. Each platform has its own mechanisms, and you need to be aware of them.
Shopee: Proactivity and Portal
Shopee actively works on intellectual property protection. They have a dedicated Shopee Brand IP Portal through which rights holders can submit complaints [5, 12, 14, 24, 33]. While it's a centralized interface, processing actually occurs at the country level [33].
Shopee doesn't just react to complaints. They use technology to proactively identify infringements. According to their data, approximately 99% of suspected IP infringements are stopped before a sale, and the number of proactively identified infringements is 60 times higher than the number of complaints from rights holders [12]. If you spot a suspicious product, use the "Report Product" button [25]. For large brands, there's the Brand Protection Partnership (BPP) program, which offers expedited case review and access to reports [12, 34].
Lazada: IPP Platform and O2O Actions
Lazada also takes IP protection seriously. In March 2019, an Intellectual Property Rights protection team was established [4, 18]. They have their own IPP platform (Intellectual Property Protection Platform) [19, 36], which allows rights holders to submit requests for the removal of infringing products related to trademarks, copyrights, and patents. The platform is considered intuitive and one of the industry's leading solutions [18, 19].
Lazada states that nearly 90% of takedown requests are processed within 72 hours [40]. Furthermore, Lazada uses machine learning for proactive monitoring and actively collaborates with rights holders and law enforcement agencies to conduct online-to-offline (O2O) investigations. In 2021, these actions led to the seizure of over 88,000 units of counterfeit products [18, 40]. To file a complaint, you must complete identity verification and provide documents proving your intellectual property rights [19, 36].
Tiki: Strict Rules for Official Stores
While Tiki doesn't have centralized programs like Shopee Mall or LazMall, it enforces a strict intellectual property policy [29]. Only trademark owners or their authorized distributors with registered intellectual property can open official stores on Tiki [30].
The platform explicitly prohibits the sale of counterfeit or smuggled goods and advertising that infringes intellectual property laws [29]. Copying products or using a trademark without permission can result in fines of up to 10,000,000 VND (approximately $400) per product, as well as permanent forfeiture of seller privileges and blocking of deposits [31]. If a trademark registration is rejected, Tiki may temporarily close the store [30]. This indicates that Tiki is a platform with serious requirements, and full legal compliance is necessary to operate there.
On-the-Ground Insights from Ho Chi Minh City
At VietSmart, we help partners launch on Shopee Mall and other platforms, and I frequently see how brands underestimate local nuances. Many believe that simply listing a product is enough. In reality, it's not.
The most common mistake is delaying trademark registration. It might seem like an unnecessary expense. But when a copy of your product appears on the market under a similar name, and you can't do anything because the rights are already taken – that's no longer an "expense"; it's a loss of reputation and revenue. We've seen even small local players quickly copy a successful product and seize a niche if you lack legal protection.
Another point: not all platforms react equally quickly to complaints. Shopee and Lazada prove to be more structured in this regard, especially if you have a registered trademark and all necessary documents. With Tiki, given their focus on official stores, the process might be stricter, but the protection there is also more tangible for verified brands.
Your Next Move: A Protection Checklist
To ensure your brand is protected in Vietnam, act systematically:
- Trademark Registration: Start here. Conduct a preliminary search to ensure uniqueness, and file your application with the NOIP through a local representative. This will take 12–18 months, but without it, all other steps are meaningless.
- Marketplace Monitoring: Don't wait for counterfeits to appear. Regularly monitor Shopee, Lazada, and Tiki for the use of your brand or similar names. Utilize the platforms' internal tools to file complaints.
- Documentation Preparation: Always have copies of your trademark registration certificate, power of attorney, and other documents proving your rights readily available. This will expedite the complaint resolution process.
- Platform Collaboration: If you're a major brand, consider participating in programs like the Shopee Brand Protection Partnership or actively engaging with Lazada's IPR teams. This gives you leverage and accelerates problem resolution.
At VietSmart, we handle the full spectrum of trademark registration and brand protection services for your interests on Vietnamese marketplaces. We are familiar with local procedures, work with legal professionals, and help brands navigate the journey from application filing to effectively combating counterfeits. With us, you can obtain a license and launch sales on Shopee Mall or LazMall within 4–6 months.