Should you register a trademark before or after setting up a company?
The first-to-file principle in trademark registration, pros and cons of registering before or after company formation, and how to assign a trademark to the company.
Many founders put great effort into a brand name and logo but only think about trademark registration after doing business for a while – by which time it may be too late.
The First-to-File Principle
Vietnam applies the first-to-file principle: when several trademark applications are identical or similar for identical or similar goods or services, the certificate of registration is granted to the application with the earliest priority date (if the requirements are met). Registering an enterprise does not create rights in a trademark.
Register a Trademark Before or After Forming a Company?
| Item | Before formation | After formation |
|---|---|---|
| Applicant | Founder as an individual | Company |
| Advantages | Secures an early priority date | Trademark is in the company's name from the start |
| Notes | Assign to the company afterwards | Risk of someone else filing first |
| Best for | Brand already widely announced | Forming the company within days |
Registering Before Forming the Company
A founder may file in their own name if they meet the applicant requirements under the Law on Intellectual Property. The biggest advantage is securing an early priority date. After the company is formed, the trademark can be assigned or licensed to the company by contract.
Registering After Forming the Company
A trademark in the company's name from the start is convenient for fundraising, franchising and valuing intellectual assets. However, the waiting period before formation is a risk if the brand has already been widely announced.
Our Lawyers' Suggestions
- Check protectability before finalizing the company name, printing packaging or making signage.
- If the brand has already appeared publicly, file as early as possible.
- If you will form the company within the next few days, you can file right after receiving the certificate.
See also: how to name a company lawfully and our trademark registration service with a free preliminary search.
Content reviewed by Lawyer Đoàn Minh Đức (Director – Managing Lawyer); updated 22 Sep 2026.
This article is for reference only, based on regulations as of the update date. For advice on your specific case, please contact a lawyer.
