What is a trademark search?
A trademark search is the process of checking whether the intended mark is identical or confusingly similar to trademarks that have already been filed or granted protection.
-
Legal basis: Clause 2, Article 74 of the Intellectual Property Law of Vietnam (2005, amended in 2009, 2019, 2022) stipulates that a trademark will be refused protection if it is “identical or confusingly similar to a protected trademark.”
👉 That’s why trademark search is considered a mandatory step before filing an application.
Why conduct a trademark search before filing?
1. Avoid duplication or confusing similarity
-
Without a search, your application may be refused due to similarity with existing marks.
-
Result: losing 1–2 years of examination time without obtaining protection.
2. Save time and costs
-
Filing and examination fees are non-refundable if the application is refused.
-
A prior search helps you adjust the mark early, avoiding wasted costs.
3. Assess the chance of protection
-
Through a search, experts can assess the likelihood of success.
-
Businesses can decide whether to keep, modify, or replace the mark.
4. Clear legal foundation
-
According to Circular 01/2007/TT-BKHCN, trademark search is recommended to ensure application validity.
-
In practice, industrial property representatives always conduct a search before drafting official documents.
Trademark search process before filing
Step 1: Define the search scope
-
Choose goods/services classes based on the Nice Classification (12th edition).
-
Identify the elements of the mark (letters, graphics, colors).
Step 2: Preliminary search (free search)
-
Use tools from the Vietnam IP Office (IP Lib) or WIPO Global Brand Database.
-
Helps filter out obvious identical marks.
Step 3: Comprehensive search
-
Conducted by industrial property representatives.
-
Uses official IP data to evaluate similarity in pronunciation, visuals, and meaning.
Step 4: Conclusion and consultation
-
Search results are for reference only and not legally binding.
-
However, they are crucial for deciding whether to file or adjust the trademark.
Conclusion
Conducting a trademark search before filing is a mandatory step to secure brand protection, save costs, and increase the chance of success.
Contact for trademark search support
At Liên Hoa Global, we provide comprehensive trademark search services with:
-
Detailed reports on identical/similar marks.
-
Assessment of success probability before filing.
-
Adjustment recommendations to minimize risks.
👉 Contact us today for a free consultation:
- LIEN HOA GLOBAL TRADING AND SERVICE CO., LTD.
- Hotline: +84 966 632 075
Website: www.lienhoaglobal.vn - Address: 3rd Floor, Office Block, SME Hoang Gia Building, To Hieu Street, Ha Dong Ward, Hanoi City, Vietnam
✅ Accurate search – Safe registration – Strong brand protection!
