“Should a trademark be registered under an individual’s name or a company?”
- Choosing the Trademark Owner: Individual or Organization?
Registering a trademark under the name of an individual who owns the business can offer certain flexibility. This approach helps separate intellectual property (IP) assets from the company’s legal and financial obligations. In cases of business transfer, dissolution, or bankruptcy, the trademark remains a personal asset of the individual owner, allowing for continued independent use, licensing, or transfer.
On the other hand, registering the trademark under a legal entity (i.e., the company) provides a clearer legal framework regarding rights and obligations. Disputes, ownership transfers, and licensing procedures are generally more transparent and less legally risky when handled through an organization.
Both approaches have their own pros and cons.
In the author’s opinion, for businesses that only own a few trademarks, registering under the individual’s name may be a practical solution to retain control over IP assets—especially in potential transfer or dissolution scenarios.
However, for companies operating across multiple sectors or managing various brands, names, and logos, establishing a separate entity solely to hold and manage all trademarks is considered the optimal strategy. This IP holding company acts as a third-party entity, responsible for owning, managing, using, and disposing of trademarks across the entire corporate ecosystem.
This model is widely adopted in the United States, particularly by large conglomerates with multiple subsidiaries.
- Trademark Registration Process: A Comparison between Vietnam & the U.S.
Generally, the trademark registration procedures in Vietnam and the United States share many similarities, including the following key steps:
Step 1: Trademark Search
Conduct a search to check for identical, confusingly similar, or related trademarks already published in the intellectual property authority’s database.
Step 2: Assess Registrability
If the mark appears eligible for protection, prepare and compile the application dossier.
Step 3: Submit the Application
- In the U.S.: Applications are submitted entirely online via the USPTO’s system.
- In Vietnam: Some applications are still submitted in hard copy; a fully digital system has not yet been universally implemented. (This may vary depending on the current regulations of the Intellectual Property Office of Vietnam.)
- Application Processing Time
- In both Vietnam and the U.S., the average processing time ranges from 12 to 18 months for straightforward cases.
- In practice, some applications in Vietnam have taken up to two years to be fully processed and granted protection.
- Application Fees
- In both jurisdictions, fees are calculated based on the number of goods/services classes included in the application. The more classes registered, the higher the cost.
- Key Difference: Trademark Validity Period
Country | Initial Term | Renewal Terms |
Vietnam |
10 years from the application filing date | Unlimited renewals, every 10 years |
United States | 5 years | First renewal for 9 years (subject to continued use and declarations); subsequent renewals every 10 years |
- Conclusion
Choosing the appropriate entity to register a trademark—whether individual or corporate—is a strategic decision that should be made based on the scale, industry, and long-term goals of the business.
Additionally, understanding the procedural steps, timeline, and associated costs is essential for businesses to take proactive measures in protecting their intellectual property in both Vietnam and the United States.
If your business is seeking support with trademark registration in Vietnam or the United States, feel free to contact us for detailed advice and assistance.
Contact Information:
Attorney Hue – HTLaw
📧 Email: hue.truong@htlaw.vn
📞 US Phone: (+1) 917 245 9663
💬 WhatsApp/Zalo: (+84) 935 439 454