Counterfeits of your trademark in Vietnam: how a foreign brand owner takes action
Everything starts with one question: is your trademark protected in Vietnam? Vietnam works on a first-to-file basis, so a mark registered at home but never filed here — directly or through the Madrid system designating Vietnam — gives you very little to enforce, unless it is recognised as well known. If the search shows someone else filed first, that becomes the dispute. Copyright is different, as it arises without registration.
With a protected right, build evidence that carries a date: test purchases with invoices, photos, screenshots of marketplace and social media listings. A bailiff can record those facts in an official record, which carries weight later. Then the usual sequence is a warning letter to the seller and takedown notices to the platforms. If that fails, you pick an enforcement track. Administrative action, where the agencies can fine the infringer and seize the goods, is usually the fastest; a civil lawsuit is the way to claim damages and get an order to stop; a criminal complaint is reserved for counterfeiting on a commercial scale. Customs recordal lets officers hold suspect imports at the border. The tool below shows a foreign company with no entity in Vietnam, which also means a legalised power of attorney.
The case on this page (6)
| Who are you? | A foreign company (no entity in Vietnam) |
|---|---|
| What is the dispute about? | Trademark, copyright or counterfeits |
| Is there a written arbitration clause? | Not sure / nothing in writing |
| Where is the other side and its money or property? | In Vietnam |
| Where are things now? | Nothing formal has happened yet |
| Documents issued abroad you will rely on | None of these |
Answer to see your result
Save it as a route plan
The printout holds only the result above, laid out on one A4 sheet — print it or save it as PDF to bring to a meeting with your lawyer or partner.
Used only to print on the heading, on your own device — never sent, never stored.How to use
- Answer the 6 questions: Who are you; What is the dispute about; Is there a written arbitration clause; Where is the other side and its money or property; Where are things now; Documents issued abroad you will rely on. Questions come with the most common answer pre-selected — change only what differs in your case.
- The result appears right below and updates as you change an answer. Numbers on the summary line are tappable and jump to that section.
- Tap Share this result to send a link: whoever opens it sees the same answers and result (the name on the printout is never put in the link).
- Tap Print or save as PDF for a one-page A4 sheet holding only the result.
Common cases
- Which route for your dispute in Vietnam?Choose every answer yourself
- A foreign company chasing an unpaid debt in VietnamYour Vietnamese buyer or partner has stopped paying. Where the claim goes (court or arbitration), the demand letter, the papers to gather and the power of attorney you will need from abroad.
- An employee in a dispute with an employer in VietnamUnpaid salary, dismissal or missing social insurance in Vietnam: when a labour mediator comes first, which disputes go straight to court, and what a foreign employee must check about the work permit.
- A foreigner getting divorced in VietnamA foreigner divorcing in Vietnam: mutual-consent recognition or a contested case, the papers the court asks for, what happens to land and houses, children, and recording a divorce granted abroad.
- A foreign brand owner facing counterfeits in VietnamFake goods or online listings using your brand in Vietnam: check your registration, gather dated evidence, warning letters and takedowns, then administrative action, a lawsuit or a criminal complaint.
- A foreigner fined or hit by a decision of a Vietnamese authorityA traffic fine, a visa or residence penalty, a decision from a local authority: the right to explain, the first complaint to the official who signed, a second complaint or an administrative lawsuit, and exit bans.
- A foreigner questioned, held or investigated by police in VietnamCalled in, held or investigated by police in Vietnam: ask for the embassy to be told, an interpreter and defence counsel; do not sign what you cannot read; never pay anyone to make it go away.
- Enforcing a foreign judgment or arbitral award in VietnamYou won abroad and the debtor or its assets are in Vietnam: why a Vietnamese court must recognise the judgment or award first, which papers it wants, and how awards and court judgments differ.
Questions and answers
What does the tool ask for?
It asks 6 things: Who are you; What is the dispute about; Is there a written arbitration clause; Where is the other side and its money or property; Where are things now; Documents issued abroad you will rely on. No sign-up, no ID numbers or personal details.
Is anything I enter stored?
No. The result is worked out in your own browser. When you share, your answers travel inside the link so the other person sees the same result; the name printed on the sheet is never put in the link.
How do I send the result to someone?
Tap "Share this result" below the result: on a phone it opens the share sheet, on a computer the link is copied for you to paste. For paper, tap "Print or save as PDF".
Does the result replace advice from the authorities or a lawyer?
General information under Vietnamese law in force — confirm with the competent court, authority or a lawyer licensed in Vietnam before acting. Not legal advice. The tool on Vietnam Justice helps you prepare in the right direction.