Important Considerations When Naming a Business According to Current Regulations

Below are important considerations businesses need to know when choosing a name.

1. Do not use names that are identical or confusingly similar to registered businesses

According to the Enterprise Law 2020, a business name must not be identical or confusingly similar to the name of a business already registered nationwide.

Cases considered confusingly similar names include:

• Names pronounced similarly to a registered business name;

• Abbreviations identical to the abbreviation of another business;

• Foreign language names identical to the foreign language name of another business;

• Proper names differing only by a natural number, ordinal number, or a letter immediately following a registered business name;

• Proper names differing only by symbols such as "&", ".", "+", "-", "_";

• Proper names differing only by the words "Tan", "Moi" (New) placed before or after a registered business name;

• Proper names differing only by regional terms such as "Mien Bac" (Northern), "Mien Nam" (Southern), "Mien Trung" (Central), "Mien Dong" (Eastern), "Mien Tay" (Western) or similar terms.

Before submitting a business establishment application, investors should search for the proposed name on the National Business Registration Portal to minimize the risk of application rejection.

2. Do not use names of state agencies, political, or social organizations for business names

Businesses are not allowed to use the names of:

• State agencies;

• People's armed units;

• Political organizations;

• Socio-political organizations;

• Socio-professional political organizations;

• Social organizations;

• Socio-professional organizations;

as all or part of the proper name of the business, unless approved in writing by that agency or organization.

For example, businesses are not allowed to arbitrarily use phrases such as "Ministry of Public Security", "People's Committee", "Vietnam Fatherland Front" in their business names.

3. Do not use words or symbols that violate historical, cultural, ethical traditions and good customs

Business names must not contain words or symbols with offensive content, insulting cultural and historical values of the nation, contrary to social ethics, or the good customs and traditions of Vietnam.

In addition to being rejected by the business registration authority, inappropriate names can also negatively affect the business's image and reputation during operation.

4. Do not infringe on the intellectual property rights of other organizations or individuals

A common mistake when naming a business is using a protected trade name, trademark, or geographical indication of another organization or individual.

According to current regulations, businesses are not allowed to use protected trademarks, trade names, or geographical indications to form the proper name of the business without the owner's permission.

For example, registering a business name containing elements such as "Vinamilk", "Viettel", "FPT", "Honda" or other famous trademarks can lead to disputes and force a change of business name.

Therefore, before registering a business, investors should check registered trademark information in the database of the state management agency for industrial property.

5. Legal consequences when a business name infringes industrial property rights

Businesses are solely responsible if the use of their business name infringes on the industrial property rights of other organizations or individuals.

In cases where the owner of industrial property rights has grounds to prove the infringement, they have the right to request the competent authority to handle it according to legal regulations.

Depending on the specific case, the infringing business may:

• Be required to change the business name;

• Be subject to administrative penalties;

• Be forced to remove the infringing element from the business name and transaction documents;

• Be liable for compensation if damages are caused to the intellectual property rights owner.

Conclusion

Choosing a business name is not only a matter of brand identity but also directly relates to the legality of business operations. A suitable business name must simultaneously meet the criteria: not identical or confusingly similar, not violating legal prohibitions, and not infringing on the intellectual property rights of other organizations or individuals.

If customers need advice on business name search, legal risk assessment, or business establishment procedures, Oplaw is ready to assist with a fast and professional process.

Related articles

• Banks Accelerate Digital Transformation, Expanding the Use of AI and Blockchain in Operations
• The State Bank of Vietnam Keeps Policy Rates Unchanged in March 2026