MEASURES FOR HANDLING TRADEMARK INFRINGEMENT IN VIETNAM IN 2026

Current Legal Framework for Handling Trademark Infringement in Vietnam

As of 2026, the handling of trademark infringement in Vietnam is primarily governed by the following legal instruments:

The Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022, and by Law No. 131/2025/QH15 effective from April 1, 2026;
The Civil Code 2015;
The Civil Procedure Code 2015;
The Penal Code 2015, amended and supplemented in 2017;
Decree No. 99/2013/ND-CP on administrative sanctions in the field of industrial property, as amended and supplemented by Decree No. 126/2021/ND-CP and Decree No. 46/2024/ND-CP;
Decree No. 65/2023/ND-CP detailing a number of articles and implementation measures of the Law on Intellectual Property regarding industrial property;
Circular No. 10/2026/TT-BKHCN issued by the Ministry of Science and Technology guiding certain matters relating to the establishment, protection, and enforcement of industrial property rights under current Vietnamese law.

When Is an Act Considered Trademark Infringement?

Under the current Law on Intellectual Property of Vietnam, an act may be considered trademark infringement when an organization or individual uses a sign identical or confusingly similar to a protected trademark for identical or similar goods or services without the authorization of the trademark owner.

Common acts of trademark infringement include:

Affixing identical or similar signs to goods or product packaging;
Trading counterfeit trademark goods;
Using confusingly similar trademarks on websites, fanpages, or e-commerce platforms;
Unauthorized use of trademarks in advertising, signage, or business documents;
Importing, transporting, or storing goods bearing infringing signs;
Registering or using domain names containing another party’s trademark for unfair competition purposes.

In practice, determining trademark infringement does not rely solely on visual comparison between the signs, but also requires a comprehensive assessment of factors such as:

Structure, pronunciation, and meaning of the signs;
Distinctiveness and reputation of the trademark;
Relevant goods or services;
Distribution channels and target consumers;
Actual likelihood of consumer confusion.

In many cases, determining infringement requires professional opinions or industrial property assessment conclusions to support enforcement proceedings.

How Can Trademark Owners Protect Their Rights?

Under Article 198 of the current Law on Intellectual Property, trademark owners are entitled to apply self-protection measures to safeguard their lawful rights and interests, including:

Requesting the infringing party to cease the infringing acts;
Requesting removal or deletion of infringing content from online platforms;
Requesting public apologies and rectification;
Claiming damages;
Requesting competent authorities to take enforcement action;
Initiating lawsuits before courts or arbitration tribunals.

In practice, before initiating official enforcement procedures, businesses typically need to carry out the following steps:

Verify the protection status of the trademark in Vietnam;
Collect evidence of infringement;
Assess infringing elements and the likelihood of confusion;
Prepare notarized evidence or conduct test purchases if necessary;
Send cease-and-desist or warning letters;
Develop an enforcement strategy appropriate for the specific case.

Proper preparation of evidence and selection of appropriate enforcement measures from the outset are essential for effective trademark enforcement.

Measures for Handling Trademark Infringement in Vietnam

Under Article 199 of the Law on Intellectual Property, trademark infringement may be handled through civil, administrative, or criminal measures depending on the nature and severity of the violation. In necessary cases, competent authorities may also apply provisional emergency measures or border control measures relating to industrial property rights.

Civil Measures

Civil remedies are commonly applied when the trademark owner seeks court intervention or compensation for damages.

Under Article 202 of the Law on Intellectual Property, the court may apply civil remedies such as:

Compelling termination of the infringing acts;
Requiring public apologies and rectification;
Compelling performance of civil obligations;
Awarding damages;
Ordering destruction or removal of infringing elements from goods, packaging, or business materials.

Civil litigation is particularly suitable for cases involving substantial damages, prolonged disputes, or claims for monetary compensation. However, the trademark owner must prove lawful ownership, infringing acts, and actual damages suffered.

In many large-scale trademark disputes, civil measures provide long-term protection and strong deterrence against infringers.

Administrative Enforcement Measures

Administrative enforcement remains the most commonly applied mechanism for handling trademark infringement in Vietnam, especially in cases involving:

Counterfeit trademark goods;
Goods bearing confusingly similar signs;
Online sales of infringing goods through e-commerce platforms;
Unauthorized trademark use in commercial activities.

Competent authorities may include:

Inspectorates of Science and Technology;
Market Surveillance Authorities;
Customs Authorities;
Economic Police;
People’s Committees at various levels.

Administrative sanctions and remedial measures may include:

Monetary fines;
Seizure of infringing goods;
Destruction of counterfeit trademark goods;
Removal of infringing elements from goods, packaging, or business materials;
Suspension of business operations for a fixed period;
Recovery of illegal profits obtained from the infringement.

The greatest advantage of administrative enforcement is its relatively quick processing time and effectiveness in stopping infringing goods from circulating on the market.

For cases involving e-commerce or online infringement, businesses often need to simultaneously coordinate with digital platforms or intermediary service providers to request removal of infringing content.

Criminal Measures

For serious trademark infringement cases involving organized activities or substantial illegal profits, individuals or commercial legal entities may be subject to criminal prosecution under Article 226 of the Penal Code 2015, amended and supplemented in 2017.

Criminal liability mainly applies to acts involving the manufacture or trading of counterfeit trademark goods or counterfeit geographical indication goods protected in Vietnam.

Depending on the nature and severity of the violation, penalties may include:

Monetary fines;
Imprisonment for individuals;
Suspension of business operations for commercial legal entities;
Confiscation of infringing goods and instruments;
Prohibition from conducting business or operating in certain sectors.

Criminal enforcement is considered the strongest deterrent measure within Vietnam’s trademark protection system. However, not every use of a confusingly similar sign automatically constitutes a criminal offense. In practice, criminal liability is primarily imposed in large-scale counterfeit trademark cases or cases causing serious damages.

Which Enforcement Measure Should Businesses Choose?

Not every trademark infringement case should be handled using the same approach.

In practice:

If the objective is to quickly stop infringing goods from circulating on the market, administrative enforcement is often preferred;
If the objective is to claim damages or resolve ownership disputes, civil litigation should be considered;
If the case involves criminal signs or large-scale counterfeit activities, criminal enforcement may be appropriate;
If the infringement occurs online, businesses should combine takedown requests with the collection of electronic evidence for enforcement purposes.

In many situations, an effective strategy involves combining multiple enforcement measures simultaneously to maximize brand protection and safeguard business interests.

Trademark Enforcement Services at ADVN Law

ADVN Law assists businesses in matters relating to trademark protection and enforcement in Vietnam, including:

Assessing trademark infringement acts;
Conducting trademark searches and protection status reviews;
Collecting infringement evidence;
Drafting cease-and-desist letters;
Representing clients before competent authorities;
Handling counterfeit and trademark infringement cases;
Advising on and participating in trademark dispute resolution proceedings in Vietnam.