[RECAP] Sự kiện online: Bảo vệ nhãn hiệu và tài sản trí tuệ trong xuất khẩu – nền tảng của tăng trưởng xanh và bền vững

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On the evening of November 6, 2025, GEVA organized a sharing session on trademark and intellectual property protection in exports, as part of the capacity-building series for 23 enterprises participating in the Green Export Incubation and Acceleration Program through Voluntary Sustainability Standards (VSS).

The event attracted 30 participants, representing 23 businesses from the incubation and acceleration program. The session was led by Mr. Hoàng Anh, who provided practical insights and essential knowledge to help enterprises raise their awareness and strengthen the protection of their brands in international markets.

Key Topics Discussed at the Event

1. The Mindset of “Protection Before Export”

The speaker emphasized that most Vietnamese enterprises have not yet prioritized trademark registration before expanding into foreign markets, leading to risks of losing their brand rights in importing countries.
Mr. Hoàng Anh highlighted four key reasons why early protection is essential:

  • Major export markets (such as the EU, the U.S., and Japan) apply the first-to-file principle — meaning whoever files first owns the rights.

  • To avoid the risk of brand hijacking by other businesses — a situation that has been quite common among Vietnamese enterprises.

  • To establish a legal foundation for resolving potential disputes.

  • To enhance brand credibility, value, and competitive advantage in green exports.

2. Key Questions from Businesses & Expert Insights

Long-used trademarks that are registered late and get rejected – what should be done?

One enterprise shared that it had used its trademark for 19 years without registration. When it finally filed for protection, the application was rejected due to similarity with an earlier registered mark.

Expert’s advice:

  • “If you refile exactly the same mark, it will almost certainly be rejected again.”

  • Businesses should carefully review the certificate, current owner, product/service coverage, and degree of similarity.

  • Consider modification, adjustment, or negotiation on a case-by-case basis.


When a partner registers your trademark in foreign markets

  • If a foreign partner or third party registers the trademark first, it is very difficult for the Vietnamese enterprise to reclaim it, especially after five years.

  • This is an important lesson for companies exporting raw materials or doing OEM/ODM production, as they are particularly vulnerable to losing brand ownership abroad.


Registering through the Madrid System – costs and key notes for the EU

  • The Madrid System is convenient for enterprises seeking protection in multiple countries.

  • However, costs vary depending on the number of target markets and product classes.

  • Businesses should develop a clear registration strategy to optimize costs and effectiveness.


Do brand changes or redesigns require re-registration?

  • If the change affects the mark’s identifiable elements, re-registration is required.

  • Note: An old registration does not protect a modified version of the mark.


Word mark, logo mark, or combined mark?

  • Registering a combined mark does not automatically protect each element separately.

  • To gain separate protection for the word or the logo, each must be filed individually.

  • Similarity or overlap depends on the specific product/service classes.
    (For example: “Sabeco” is registered for beer and beverages, but similar names for jewelry or construction services could still be accepted.)


3. Collective Marks and Geographical Indications (GIs)

The expert emphasized that collective marks and geographical indications are crucial assets for Vietnamese agricultural businesses, especially those producing regional specialties such as cinnamon, pepper, coffee, and nuts.

GIs and collective marks act as a “passport” that enhances value and consumer trust in international markets.

 

Key Message for Businesses After the Event

Green exports cannot be separated from trademark protection.
A fully protected brand serves as the foundation for building credibility, fostering trust, and ensuring sustainable growth within the global value chain.

GEVA reaffirms its commitment to accompanying Vietnamese enterprises on their journey to protect intellectual property, strengthen green export capacity, and build responsible, transparent, and sustainable Vietnamese agricultural brands.


About GEVA

The “Green Export Incubation and Acceleration Program through Voluntary Sustainability Standards (VSS)” (GEVA) is a project funded by the Government of Switzerland, co-managed by the International Trade Centre (ITC) and the Vietnam Trade Promotion Agency (VIETRADE), Ministry of Industry and Trade, and implemented by KisStartup JSC from April 2025 to April 2026.

The project aims to enhance green export capacity for Vietnamese enterprises (through the application of VSS) via a comprehensive series of training, consulting, incubation–acceleration, and international market linkage activities, helping them meet the increasingly stringent requirements of global markets.


Contact Information

Fanpage: GreenExport Vietnam
Website: https://greenexport.vn/en
Email: hello@kisstartup.com
Phone: (+84) 039 216 1403 (Mr. Hieu)