The cosmetics market is highly competitive, and brand names, logos and other visual identifiers play an important role in helping consumers distinguish one product from another.
A business may invest significantly in formulas, packaging, advertising and distribution, but if its brand name or logo has not been registered as a trademark, its ability to prevent third parties from using identical or confusingly similar signs may be limited.
For this reason, trademark registration for cosmetics should be considered at an early stage, preferably before the products are launched in the market.
This article by A.D.V.N Law Company Limited provides a practical overview of trademark registration for cosmetics in Vietnam under the regulations applicable in 2026.
The cosmetics market is highly competitive, and brand names, logos and other visual identifiers play an important role in helping consumers distinguish one product from another.
A business may invest significantly in formulas, packaging, advertising and distribution, but if its brand name or logo has not been registered as a trademark, its ability to prevent third parties from using identical or confusingly similar signs may be limited.
For this reason, trademark registration for cosmetics should be considered at an early stage, preferably before the products are launched in the market.
This article by A.D.V.N Law Company Limited provides a practical overview of trademark registration for cosmetics in Vietnam under the regulations applicable in 2026.
Businesses may consider registering:
- Brand names;
- Logos;
- Combined word-and-device marks;
- Names of cosmetic product lines;
- House marks used across multiple products;
- Other distinctive signs that satisfy the legal requirements.
For example, if a company uses the name ABC BEAUTY together with a flower logo, it may consider:
Word mark: ABC BEAUTY;
and/or
Combined trademark: ABC BEAUTY + logo.
Where commercially justified, filing the word mark and the stylized logo separately may provide more flexible protection.
Under the 13th Edition of the Nice Classification (2026), applied in Vietnam from 1 January 2026, cosmetics are primarily classified in Class 3.
Depending on the actual products, the specification may include:
Class 3: Cosmetics; cosmetic skin creams; cosmetic serums; cosmetic toners; cosmetic facial masks; lipsticks; make-up powder; perfumes; shampoos; cosmetic cleansing preparations.
The exact list of goods should reflect the products that the business currently offers or genuinely intends to offer.
If the business uses the same trademark not only for cosmetics themselves, but also for retail, wholesale or commercial services relating to cosmetics, Class 35 may also be relevant.
For example:
Class 3: Cosmetics; skin creams; cosmetic serums; cosmetic masks.
Class 35: Retail and wholesale services relating to cosmetics.
The scope is different:
- Class 3 protects the mark for the cosmetic goods themselves;
- Class 35 protects the mark for the relevant commercial services.
A trademark search is not always legally mandatory, but it is highly recommended.
The cosmetics sector contains a large number of existing marks, many of which use common elements such as:
- Beauty;
- Skin;
- Derma;
- Care;
- Bio;
- Natural;
- Organic;
- Lab;
- Cosmetics.
As a result, the risk of conflict with earlier identical or similar marks may be relatively high.
A preliminary search can help:
- Identify earlier trademarks;
- Assess registrability;
- Allow modification of the mark before major investment;
- Reduce the risk of having to replace packaging after production has begun.
A cosmetics trademark must satisfy the applicable requirements under Vietnamese intellectual property law, particularly in relation to distinctiveness.
A sign may face objections if it:
- Directly describes the goods;
- Describes the function or characteristics of the cosmetics;
- Is excessively simple;
- Is identical or confusingly similar to an earlier trademark;
- Falls within other statutory grounds for refusal.
A coined or distinctive brand name generally has a stronger position than a term that merely describes the cosmetic product.
A typical application includes:
- Trademark application form;
- Trademark specimen;
- List of goods and services;
- Proof of payment of official fees;
- Power of Attorney where filed through a representative;
- Additional documents where required in a particular case.
The filing materials should be prepared in accordance with the forms and procedures applicable at the filing date.
The basic procedure includes:
Step 1: Select the trademark
Determine the word mark, logo or combined mark to be protected.
Step 2: Classify the goods and services
Cosmetics are primarily in Class 3. Class 35 or other classes may be considered depending on the business activities.
Step 3: Conduct a trademark search
Assess the preliminary availability and registrability of the mark.
Step 4: File the application
The application is filed with the Intellectual Property Office of Vietnam.
Step 5: Formality examination and publication
The application is examined for formal compliance and, if accepted, is published in accordance with the applicable procedure.
Step 6: Substantive examination
The Intellectual Property Office of Vietnam examines the mark's protectability, including its distinctiveness and conflicts with earlier rights.
Step 7: Registration
If the mark satisfies the legal requirements and the relevant fees are paid, a Trademark Registration Certificate is issued.
As a practical strategy:
Search and file first – invest in packaging and market launch afterwards.
This is particularly important because trademark rights in Vietnam are strongly influenced by filing priority.
If a business produces a large quantity of packaging before discovering that the proposed brand conflicts with an earlier trademark, the cost of rebranding can be substantially higher than the cost of an early search and filing.
Not entirely.
A cosmetic package may contain several different intellectual property assets:
Brand name and logo → Trademark.
Graphic design on the packaging → Potential copyright protection as an applied art work.
Distinctive shape of a bottle, jar or box → Potential industrial design protection.
For commercially important cosmetics, businesses may therefore consider a combined strategy involving:
Trademark + Copyright + Industrial Design, depending on the relevant product features.
Common issues include:
- Choosing an overly descriptive brand name;
- Filing without conducting a prior search;
- Registering only the logo but not the word mark;
- Using an overly narrow goods specification;
- Incorrect classification;
- Producing packaging before checking trademark availability;
- Assuming company-name registration provides trademark rights;
- Assuming cosmetic product notification or regulatory approval provides trademark protection.
In particular, cosmetic product notification and trademark registration are separate legal procedures and serve different purposes.
A.D.V.N Law Company Limited assists clients with:
- Advising on trademark selection;
- Conducting trademark searches;
- Classifying goods and services;
- Drafting appropriate cosmetics specifications;
- Filing trademark applications;
- Monitoring examination;
- Responding to official notices;
- Advising on international trademark registration;
- Advising on trademark assignment and licensing;
- Assisting with cosmetics brand enforcement;
- Coordinating trademark protection with packaging copyright and industrial design rights.
Trademark registration for cosmetics in Vietnam is an important step in building and protecting a cosmetics brand.
Businesses should particularly consider the following:
Cosmetics are primarily classified in Class 3;
Conduct a trademark search before filing;
File before major investment in packaging and marketing;
Consider Class 35 where retail or wholesale services are relevant;
Consider copyright or industrial design protection for distinctive packaging.
A.D.V.N Law Company Limited provides legal advice, trademark filing and enforcement services for cosmetics brands in Vietnam and abroad.
If you are seeking professional assistance with:
- Patent registration;
- Utility solution protection;
- Industrial design registration;
- Trademark registration;
- Intellectual property strategy and enforcement,
please contact:
Hotlines: 0903.693.301 - 0903.641.946
A.D.V.N Law Firm
Website: https://advnlaw.vn
A Dong Intellectual Property Consulting Company Limited (A Dong IP)
Website: https://a-dong.com.vn
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