A page that aggregates the latest news on trademark registration and intellectual property of Asoka Law, accompanying businesses in protecting intellectual property.
In advising foreign brands entering Vietnam through franchising, we have identified a critical but often overlooked issue: many franchisors proceed with franchise agreements or even launch operations while their trademarks in Vietnam are already expired or legally invalid. This is not a mere formality - it poses serious legal risks, particularly for franchise models built on intellectual property assets.
Under Vietnamese law, a trademark is valid for 10 years from the filing date and can be renewed indefinitely, each time for another 10 years. However, once the expiration date passes without renewal, the trademark becomes invalid, stripping the franchisor of legal grounds to protect, assign, or enforce rights over the brand in Vietnam.
This situation often arises with trademarks registered via the Madrid System, where the owner assumes protection is automatic. In reality, renewal procedures, especially in Vietnam - require proactive tracking and timely action. Meanwhile, franchisees typically lack the legal knowledge or duty to verify the trademark’s validity.
An expired trademark can undermine the entire franchise structure:
In serious cases, the trademark may even be registered by another party, making re-registration difficult or impossible.
Franchisors should implement the following safeguards to ensure IP readiness before entering the Vietnamese market:
With over 16 years of experience in international trademark protection and franchise advisory, Asoka Law supports global brands in F&B, education, fashion, and technology with:
A trademark is not just a logo, it is the legal foundation of any franchise system. If your trademark is expired, your rights to assign, license, or enforce the brand in Vietnam are effectively suspended.
Never grant a franchise when your trademark is not valid. Renew first, protect your brand, then expand with confidence.