Dual Keys – Dual Protection of Trademark & Copyright for Businesses in Vietnam

In Vietnam’s increasingly competitive market, intellectual property (IP) assets have become a decisive foundation for survival and growth. However, many small and medium-sized enterprises (SMEs) and even large brands, focus solely on trademark registration while neglecting to protect logos, packaging, or designs under copyright law. This legal gap leaves businesses vulnerable to copying, disputes, and financial losses. With over 16 years of professional experience in IP, we have identified the most effective solution: registering both trademarks and copyrights, also called dual protection. This is why Asoka Law, together with the Asoka Creative Experimentation Fund (ACEF), has launched the Dual Keys program to provide a comprehensive legal shield tailored to the needs and resources of Vietnamese enterprises.

1. What is Trademark Registration?

Trademark registration is the legal procedure conducted by the Intellectual Property Office of Vietnam (NOIP) to establish industrial property rights over distinctive signs used for goods or services. Once a business files an application and receives a Trademark Certificate, it enjoys exclusive rights to use the sign in the registered classes and the authority to prevent or take action against infringement. In practice, trademarks are not only tools for market differentiation but also valuable intangible assets that can be appraised in investment deals, licensing, and franchising. Under the amended Law on Intellectual Property (2022), rights to trademarks arise primarily from registration, except for well-known marks. Thus, delaying or neglecting this procedure may result in losing priority rights or facing disputes if a competitor files first. In short, trademark registration serves as the “birth certificate” of a brand in the marketplace, providing a solid legal foundation for sustainable business growth.

The trademark certificate is the legal basis establishing lawful ownership rights over a trademark.

2. Copyright Registration for Logos (Trademarks)

Many businesses are unaware that logos, often used as trademarks, also qualify as applied art works protected by copyright law. Copyright registration for logos with the Copyright Office of Vietnam not only establishes clear legal evidence of ownership but also protects businesses against copying, imitation, or unauthorized use. Although copyright arises automatically upon creation, registration provides a decisive evidentiary advantage in disputes. In many lawsuits, copyright certificates for logos have been the key evidence accepted by courts, even when the trademark registration was still pending. Therefore, trademark registration alone is insufficient; combining it with copyright protection ensures comprehensive coverage of both commercial and creative rights, especially in today’s digital economy where unauthorized copying is common.

The Copyright Registration Certificate serves as evidence of ownership of the logo.

3. Benefits of Dual Registration (Trademark & Copyright)

Dual registration, or dual protection, offers businesses a stronger legal shield. With trademark rights, the owner enjoys exclusive commercial exploitation and can bar competitors from using confusingly similar signs. With copyright, the owner protects the creative expression of logos or packaging, even when the trademark is pending or under opposition. These two mechanisms are complementary: copyright safeguards the form of creative expression, while trademarks secure the market-distinguishing function. The practical benefits include earlier enforcement, greater flexibility, and a higher success rate in disputes. Moreover, dual protection enhances the value of IP assets in corporate valuation, franchising, or fundraising, as investors prioritize brands that are comprehensively protected. For SMEs, the initial cost of dual protection is small compared to the risk of losing a brand to competitors.

4. Practical Evidence Supporting Dual Protection

Vietnamese practice shows that relying solely on trademark registration exposes businesses to risk. A notable example is the dispute over the “Binh Minh” trademark in the PVC pipe industry. The plaintiff argued that the competitor’s use of logo and mark created confusion. However, the High People’s Court of Ho Chi Minh City rejected the claims due to insufficient legal grounds. If the logo had also been registered as an applied art copyright work, the plaintiff would have had a stronger legal basis to protect its rights. This demonstrates that a single protection mechanism is not enough.

In cases handled by Asoka Law, numerous F&B and technology companies have avoided substantial losses by securing both trademark and copyright registrations for logos and packaging. When infringements occurred, they could immediately issue cease-and-desist letters, initiate administrative actions, or file civil lawsuits with strong evidence, leaving infringers with no legal loophole.

"See also: Protecting 'dual trademarks' - Lessons from the Binh Minh trademark dispute."

5. The Dual Keys Program by Asoka Law & ACEF

To meet the growing needs of SMEs and creative enterprises, Asoka Law, in collaboration with the Asoka Creative Experimentation Fund (ACEF), has launched the Dual Keys program - Dual Protection of Trademark & Copyright. This is a comprehensive package that combines trademark registration with the Intellectual Property Office of Vietnam and copyright registration for logos/packaging with the Copyright Office. The program is optimized for both cost and time.

What makes Dual Keys unique is not only the speed - filing trademark applications on the same day to secure priority but also the strategic legal consultancy process: identifying the right classes of goods/services, preparing applications with strong legal grounds, and handling official actions effectively. With ACEF’s involvement, the program also carries community value: raising awareness of IP protection and fostering Vietnam’s creative ecosystem. Dual Keys is not just a legal service, but Asoka’s commitment to protecting and promoting Vietnamese brands in the global market.

Register for “dual protection” package

Conclusion

Protecting a brand requires more than a single registration, it demands a sustainable legal strategy. Practice has shown that relying solely on either trademark or copyright is insufficient in today’s fast-moving, copy-prone market. With the Dual Keys program, Asoka Law and ACEF provide businesses with a comprehensive, cost-effective, and long-term solution. This “dual key” enables SMEs, startups, and creative brands to grow with confidence, expand markets, and assert their position in the global economy.

Contact Asoka Law to join the Dual Keys Program - Dual Protection of Trademark & Copyright:
Email: consult@asokalaw.vn | ipsupport@asokalaw.vn
Hotline: +84 961 914 328 (South) | +84 984 333 629 (North).