Registering for geographical indication protection from July 1, 2025: What do businesses need to pay attention to?

Not every local name attached to a product can be protected. In fact, geographical indications are one of the “most difficult” intellectual property objects to register due to strict requirements on quality, reputation and geographical factors.

Theo Intellectual Property Law 2005, a geographical indication is a sign used to indicate a product originating from a specific geographical area, where the quality, reputation or characteristics of the product are mainly determined by geographical conditions.

1. Conditions for protection

To be granted a title of protection, a geographical indication must simultaneously meet the following important conditions:

• The product is actually sourced from the respective geographical area;
• The quality, reputation or characteristics of the product must be associated with natural conditions or human factors in that area.

In addition, the law also excludes some cases that are not protected, such as:

• The name has become the common name of the goods;
• Misleading indication of origin;
• Identical or similar to a previously protected trademark.

2. Basis for establishing rights

Different from copyright, rights to geographical indications does not arise automatically, which can only be established when there is a decision to issue a Registration Certificate from a competent authority.

A special point is that the right to register geographical indications belongs to the State. Production organizations and individuals can only register when permitted by the State do not become the owner of that geographical indication.

3. Registration documents and procedures

A registration dossier usually includes important documents such as:

• Registration declaration;
• Describe product characteristics and quality;
• Map of geographical area;
• Sample presentation of geographical indications;
• Documents proving origin and conditions of use.

After the appraisal is satisfactory and the applicant completes the fee obligation, the competent authority will issue a Certificate and publish it on the national registration system.

4. Some notable legal points

• Geographical indication registration certificate available valid indefinitely throughout the territory of Vietnam;
• This right may not be assigned or transferred, different from many other industrial property objects;
• Use must comply with the conditions and management regulations, otherwise it may be revoked or handled for violations.

5. Practical perspective for businesses

From a business perspective, geographical indications are not only a legal tool but also a “regional brand asset”. However, the biggest hurdle lies in proving the connection between products and geographical factors – which requires data, technical standards and coordination between many actors.

Therefore, instead of approaching it as an administrative procedure, businesses should consider this as a long-term strategy, associated with building product standards, quality control and sustainable brand development.