the Procedure for Registration of a Trademark Assignment Agreement in 2026

I. LEGAL BASIS

  • Law on Intellectual Property No. 131/2025/QH15;
  • Circular No. 10/2026/TT-BKHCN;
  • Decision No. 2113/QD-BKHCN of 2026 on the publication of abolished administrative procedures in the field of intellectual property.

II. WHAT IS A TRADEMARK ASSIGNMENT?

A trademark assignment is the transfer by the original trademark owner of ownership rights in its trademark to a new owner. This is a common transaction entered into by many organizations and individuals. The assignment must be effected by way of a written trademark assignment agreement.

Please note that although a trademark assignment reflects the mutual intention and agreement of both the assignor and the assignee, the assignment procedure remains subject to State administration. Accordingly, the trademark assignment agreement must be registered with the competent State authority.

III. CONDITIONS FOR THE ASSIGNMENT OF A TRADEMARK

Pursuant to Article 139 of the 2025 Law on Intellectual Property, the conditions for trademark assignment include:

  • The assignment of a trademark must be effected in writing in the form of a contract (Article 138 of the 2025 Law on Intellectual Property);
  • An industrial property right holder may assign its rights only within the scope of protection granted to such rights;
  • A trademark assignment agreement shall take effect only upon completion of its registration with the industrial property rights authority in Vietnam, namely the Intellectual Property Office of Vietnam;
  • The assignment of trademark rights must not cause confusion as to the characteristics or origin of the goods or services bearing the trademark;
  • Trademark rights may only be assigned to an organization or individual that satisfies the conditions for being entitled to register the trademark.

IV. DOSSIER FOR REGISTRATION OF A TRADEMARK ASSIGNMENT AGREEMENT

Pursuant to Article 114 of the 2025 Law on Intellectual Property, the dossier for registration of a trademark assignment includes:

  • An application for registration of an industrial property right assignment agreement, made according to Form No. 06 in Appendix II to the relevant Circular;
  • The assignment agreement (original or certified copy in accordance with applicable regulations). If the agreement is made in a language other than Vietnamese, it must be accompanied by a Vietnamese translation. Where the agreement consists of multiple pages, each page must bear the signatures of the parties or be affixed with a seal across the pages;
  • The original protection title, where the protection title has been issued in paper form;
  • Written consent of all co-owners to the assignment of the industrial property rights, where the relevant industrial property rights are jointly owned; or written consent of the mortgagee where the industrial property rights are being used as collateral;
  • A power of attorney, where the application is filed through a representative;
  • Receipts evidencing payment of fees and charges.

V. PROCEDURE FOR REGISTRATION OF A TRADEMARK ASSIGNMENT AGREEMENT

Pursuant to Clause 2, Article 115 of the Law on Intellectual Property 2025, the procedure for registering a trademark assignment agreement is as follows:

Step 1: Preparation of the dossier

Step 2: Filing of the dossier with the Intellectual Property Office of Vietnam

Step 3: Examination of the trademark assignment agreement registration dossier by the Intellectual Property Office of Vietnam

  • If the application for registration is found to be valid, the Intellectual Property Office of Vietnam shall issue a decision granting a Certificate of Registration of the Trademark Assignment Agreement to the relevant individual or organization.
  • The Intellectual Property Office of Vietnam shall record the assignment and update the protection title in the name of the new owner, record the trademark assignment, and enter the relevant information in the National Register of Industrial Property Rights Assignments.
  • Finally, the Intellectual Property Office of Vietnam shall publish the decision granting the Certificate of Registration of the Industrial Property Rights Assignment Agreement in the Industrial Property Gazette within two months from the date of issuance of such decision.
  • If the trademark assignment registration dossier is incomplete or contains deficiencies, the Intellectual Property Office of Vietnam shall take the following steps:
  • Issue a notice of its intention to refuse registration of the agreement, specifying the deficiencies in the dossier, and grant a further period of two months from the date of signing the notice for the applicant to remedy the deficiencies or provide arguments in opposition to the intended refusal to register the agreement;
  • Issue a decision refusing registration of the agreement if the applicant fails to remedy the deficiencies within the prescribed time limit, remedies the deficiencies but the corrections remain unsatisfactory, fails to submit arguments opposing the intended refusal, or submits arguments that are deemed unjustified, resulting in the intended refusal to register the agreement being maintained.

Step 4: Issuance/update of the trademark registration certificate in the name of the new owner

The Intellectual Property Office of Vietnam shall record the new owner’s information in the Certificate of Trademark Registration.

The above constitutes our complete article on the Procedure for Registration of a Trademark Assignment Agreement in 2026. Should you require further legal advice, detailed clarification, or information on how to access our services, please contact Lawyer Nguyen Duc Trong directly via hotline: 0912.35.65.75, or submit a service request by email at lawyer@hongbanglawfirm.com.

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Hong Bang Law Firm.