You wait 18–24 months, then the application is refused because the mark is identical or similar to a registered trademark. The business loses both the time and the fees paid, and must start again with a different name. This article explains the difference between a preliminary search and an in-depth search, introduces the official search tools, and sets out 5 steps for a proper search before filing.
- Business owners and founders choosing a brand name
- Marketing and brand identity design teams
- Businesses planning to export or register internationally through the Madrid system
Level: basic, practical. Based on: the Law on Intellectual Property; databases of the Intellectual Property Office of Vietnam, VIPRI and WIPO. Includes: practical guide; 5 search steps.
Key points- A preliminary search only finds obvious matches. It is not enough to assess the risk of “confusing similarity”, which is the most common reason for refusal.
- Search results at any level are for reference only. The final decision belongs to the examiner at the time the application is examined.
- An in-depth search needs all 5 layers: word structure, pronunciation, images, related Nice classes, and pending applications.
- If you plan to export, also search WIPO’s Global Brand Database from the start.
- The best time to search is before your brand identity is finalised, when changes still cost the least.
Searching before filing is the most important risk-prevention step in the whole trademark process. It is also the step that is most often oversimplified. Many businesses just type their brand name into an online search tool, see “no match” and file with confidence.
Source: Law on Intellectual Property; actual timing based on FC Legal’s experience handling applications.
1. Why a preliminary search is not enough
Preliminary search
Done by the applicant on the public search system of the Intellectual Property Office of Vietnam or on free databases.
In-depth search
Done by someone with expertise and experience in examination.
Search results are for reference only
Whatever the level, a search result in Vietnam is not a legal basis that binds the decision to grant a protection title. The actual decision depends on the assessment of the examiner at the Intellectual Property Office of Vietnam when the application is examined. The examiner uses all the data available at that time, including applications filed after the date of your search but before your application is examined.
“Confusing similarity” is the most common reason for refusal. See the analysis in Trademark registration at the IP Office of Vietnam.
2. Official search tools in Vietnam
| Tool | Function | Operator |
|---|---|---|
| IPPlatform (ipplatform.vipri.gov.vn) | Searching patents, industrial designs and trademarks; using domestic and international IP data | Vietnam Intellectual Property Research Institute (VIPRI) |
| DigiPat, IP Lib, WIPO Publish | Searching patents and trademarks in Vietnam | Intellectual Property Office of Vietnam |
| Global Brand Database | Free global trademark search; useful if you plan to expand internationally | WIPO |
Planning to export? Search both levels from the start
If your business is export-oriented or plans international registration through the Madrid system, combine a search of the national database with WIPO’s Global Brand Database from the early stage. This avoids a mark that is protected in Vietnam but conflicts with an existing trademark in your target market.
3. In-depth search method: not just “type the name and see if it matches”
- Search by word structure (word mark). Look not only for exact matches but also for variants that are close in spelling, punctuation and spacing.
- Search by pronunciation (phonetic search). Many marks are refused even though they are spelled differently, because they sound confusingly like a registered trademark.
- Search by image and logo. If the mark has a figurative element, compare the layout, main colours and distinctive shapes.
- Search the correct and complete set of related Nice classes. Include similar and related classes, not only the class you plan to register, because the assessment of “confusing similarity” is not strictly limited to one class.
- Review both granted titles and pending applications. An earlier application has priority over a later one, even if it has not yet been granted.
4. Spotting “confusingly similar” risk: the hardest part of searching yourself
This is an overall assessment. There is no mechanical formula that gives a certain answer. Examiners usually look at 4 factors together:
Structure and pronunciation
How similar the two marks are in word structure and in how they are read.
Classes of goods and services
How similar or related the classes of goods and services are.
Level of recognition
How well known, and how reputable (if applicable), the earlier mark is on the market.
Context of use
Whether the distribution channels and target customer groups overlap.
So two marks that look “different” to a non-specialist may still be found confusingly similar under the official examination criteria, and the reverse is also true.
5. Searching not only to avoid refusal, but also for proactive defence
A search before filing is also the first step in assessing the risk of infringing third-party rights. It is part of a Freedom to Operate (FTO) analysis. The business finds out early whether the brand name or logo it plans to use may conflict with rights already established by others. This helps it avoid being sued for infringement by a competitor after it has invested heavily in building the brand.
6. When to search, and who should do it
The earlier you search, the lower the cost of changes:
- Choosing the name, sketching the logo. The ideal time for an in-depth search.
- Finalising the brand identity. There is still room to make changes.
- Printing packaging and signs, running ads. Finding a conflict at this point is the most expensive.
As an industrial property representation organisation, a specialist IP lawyer has access to examination data and experience assessing marks against the criteria the Intellectual Property Office of Vietnam applies in practice. Their assessment is usually much closer to the official examination result than a search you do yourself.
Free preliminary trademark assessment within 2 hours with FC Legal lawyers
Get a quick view of whether your mark can be registered before you decide to invest in your brand identity.
- Search by word structure, pronunciation and image
- Review of related Nice classes and pending applications
- Assessment of “confusing similarity” risk under the examination criteria
Please do not send confidential documents or personal data through the form.
Once your search results look positive, read Trademark registration at the IP Office of Vietnam to prepare a proper application.
Sources: National Assembly, Law on Intellectual Property and its implementing documents; Vietnam Intellectual Property Research Institute (VIPRI), IPPlatform (ipplatform.vipri.gov.vn); Intellectual Property Office of Vietnam, DigiPat, IP Lib, WIPO Publish; WIPO, Global Brand Database.
This article is for reference and does not replace legal advice on a specific case. For detailed advice, please contact the FC Legal legal team.
Prepared by the FC Legal legal team and reviewed by FC Legal’s managing lawyer. Updated 30 September 2026.
