A trademark or service mark may be a word, name, symbol, device or any combination in one or several colours thereof that is used by its owner to identify or distinguish goods or services from those of others. The rights on trademarks are conferred by registration. The first to file rule is applied in Vietnam.

There are three types of marks: trademarks, service marks and collective marks (for convenience, we will refer to all three as "marks" or "trademarks").

·        A trademark is a word, phrase, symbol, device, or any combination thereof presented in one or more colors, which is used to distinguish the goods of one enterprise from those of others.

·        Service marks are the same as trademarks except that they distinguish services rather than products. 

·       A collective mark is a word, phrase, symbol, device, or any combination thereof serving to distinguish the goods or services of members of the association which owns the mark from those of nonmembers.

A mark shall not be considered as distinctive if it is signs falling under one of the following cases:

·        Simple devices and geometric figures; numerals, letters, or words of uncommon languages, except for signs having been widely used and recognized as  a mark;

·        Signs, symbols, pictures or common names in any language of goods or services that have been widely and often used and are common knowledge;

·        Signs indicating the time, place, method of production, kind, quantity, quality, property, composition, intended purpose, value or other characteristics, which is descriptive of the goods or services, except for signs having acquired distinctiveness through use before the filing of mark registration applications;

·        Signs describing the legal status and activity field of businesses;

·        Signs indicating the geographical origin of the goods or services, except for signs having been widely used and recognized as a mark or signs registered as collective marks or certification marks as provided for in this Law;

·        Signs not being integrated signs which are identical with or confusingly similar to a registered mark in respect of identical or similar goods or services on the basis of a registration application having earlier filing date or earlier priority date, as applicable including applications filed under international treaties to which the Socialist Republic of Vietnam is party;

·        Signs identical with or confusingly similar to another person’s mark having been widely used and recognized in respect of the similar or identical goods/services as before the filing date or the date of priority, as the case may be;

·        Signs identical with or confusingly similar to another person’s mark already registered in respect of identical or similar goods or services the Mark registration Certificate of which has been terminated for no more than 5 years;

·        Signs identical with or confusingly similar to another registered person’s mark recognized as well-known in respect of the goods or services that are identical with or similar to those bearing the well-known mark; or in respect of dissimilar goods/services if the use of such marks may prejudice the distinctiveness of the well-known mark or the registration of such signs is aimed at taking advantage of goodwill of the well-known mark;

·        Signs identical with or similar to another person’s trade name having been used if the use of such signs is likely to cause confusion to consumers as to the source of goods or services;

·        Signs identical with or similar to a geographical indication being protected if the use of such signs is likely to cause mislead consumers as to the geographical origin of goods;

·        Signs identical with or containing geographical indications or being translated from the meaning or transcription of the geographical indication being protected with respect to wines or spirits if such signs have been registered for use with respect to wines and spirits not originating from the geographical area bearing such geographical indication;

·        Signs identical with or insignificantly different from another person’s industrial design having been protected on the basis of an industrial design registration application with filing date or priority date earlier than those of the mark registration application.