There has recently been a significant increase in customs inspections regarding the use of industrial property protection indicators on product labels. Specifically, the use of the ® (Registered) symbol is under intense inspection to prevent businesses from providing misleading information or creating a false impression that a trademark is protected in Vietnam when it is not.
In several recent cases, Customs have issued official responses to businesses facing challenges regarding the use of protection indicators on product labels. Based on these official responses and the current enforcement practice, the following requirements apply.
Read the full notice here:
Official Letter No. 15662/CHQ-GSQL/2026 issued by the Customs Department on Intellectual Property and Product Labeling Issues in Vietnamese
Purpose of the Notice
To highlight increased customs inspection and enforcement regarding the use of trademark protection indicators on product labels for imported goods.
To remind businesses that the use of the ® symbol or similar trademark protection claims must accurately reflect the actual protection status of the trademark in Vietnam.
Scope of Application
This notice applies to businesses importing or distributing products in Vietnam that contain trademark protection indicators on product labels, packaging, or related materials.
It is particularly relevant to products using the ® symbol or phrases such as “registered trademark”, “protected trademark”, or “exclusive trademark”.
Key Highlights
Prohibition of Misleading Information
Businesses are strictly prohibited from using signs or information that creates a false impression that a product is under industrial property protection in Vietnam when it is not.
Restricted Symbols and Phrases
It is a violation to use the ® symbol, or phrases such as “registered trademark”, “protected trademark”, or “exclusive trademark” if the trademark has not been officially granted a protection certificate in Vietnam.
This also applies if the protection has expired, been terminated, or the application is still pending.
Truthfulness Exception
The use of the ® symbol is permitted only if it is accompanied by truthful and accurate information regarding its actual protection status within the Vietnamese market.
Current Enforcement Practice
Based on experience from several recent cases, Customs currently accepts International Trademark Registration under the Madrid System designating Vietnam only where the registration can be successfully verified in the Intellectual Property Office of Vietnam (IP Vietnam) database: wipopublish.ipvietnam.gov.vn.
In practice, if Customs officers cannot verify the registration through the IP Vietnam database, they may request additional explanations or supporting documents before allowing customs clearance.
Please note that this reflects the current enforcement practice observed in recent cases and is not expressly stipulated in any published legal regulation.
Implications to Clients
Clients are strongly encouraged to proactively review the trademark protection status of all products intended for import into or distribution within Vietnam to ensure compliance with the current customs enforcement practice.
Clients should verify that any use of the ® symbol or any claim of trademark protection is supported by a valid and effective Certificate of Trademark Registration. Clients must verify the IP status to ensure the trademark is officially registered with the National Office of Intellectual Property (NOIP) before using such indicators on their products.
Where a trademark has not been officially granted protection in Vietnam, has expired, or is still in the application process, usage is permitted only if accompanied by truthful information.
For original labels already printed with the ® symbol, the manufacturer should consider applying a sticker near the symbol providing clear instructions on the actual protection status to satisfy customs requirements:
“This trademark is registered in [Country Name] and is not yet registered for trademark protection in Vietnam.”
For Vietnamese sub-labels, a similar statement should be added as well.
For products that have already been approved, clients should coordinate with Andaman Medical to submit the change notification to update the labels and protection indicators according to the current actual status.
To minimize the risk of shipment delays, customs detention, or requests for additional documentation, clients are also encouraged to review their existing product portfolio and identify any labels containing trademark protection indicators that may require updating.
Effective Date
24 April 2026
For Inquiries
For inquiries or support regarding medical device regulatory requirements in Vietnam, please contact sales@andamanmed.com.