This article will analyze trademark challenges and protection strategies in five major Southeast Asian markets: Indonesia, Thailand, Vietnam, the Philippines, and Cambodia.
Introduction
The rapid expansion of Chinese brands in Southeast Asia presents both enormous opportunities and significant trademark protection challenges. As The Business Times reported on July 21, 2025, “Chinese brands are flocking to Southeast Asia,” with companies hoping to capitalize on the region’s growing consumer market and expanding middle class. This influx of international brands, coupled with the region’s diverse legal frameworks and varying levels of intellectual property enforcement, has created a fertile ground for trademark squatters and brand infringement.
The report notes that Chinese companies are “accelerating their expansion plans in Southeast Asian markets,” driven by favorable trade relations, developing digital infrastructure, and growing consumer purchasing power. However, this expansion has also attracted opportunistic trademark squatters who register well-known brand names before the legitimate rights holders enter the market.
For businesses entering Southeast Asia, understanding the trademark landscape and adopting a proactive protection strategy are crucial. Since most jurisdictions in the region adopt a first-to-file, first-served system, speed and strategic planning are crucial to preventing costly legal disputes and brand dilution. This guide analyzes trademark challenges and protection strategies in five key Southeast Asian markets: Indonesia, Thailand, Vietnam, the Philippines, and Cambodia.
Indonesia
Trademark frame
Indonesia operates a first-to-file, first-served system governed by Law No. 20 of 2016 on Trademarks and Geographical Indications. Trademark registration is handled by the Indonesian Directorate General of Intellectual Property and typically takes 12 to 18 months to complete.
Common squatting tactics
Trademark squatters in Indonesia often employ complex strategies, including:
- Mass Registration : Register hundreds of foreign brand names in multiple categories at once.
- Localization : Minor modifications to well-known trademarks to avoid immediate detection.
- Related category preemptive registration : registering in related but non-core business categories to increase the difficulty of rights protection.
Protection Strategy
- Comprehensive registration : Registers the trademark in all relevant classes, including defensive registrations in related classes.
- Local Partners : Collaborate with experienced Indonesian distributors to gain market intelligence and early warning information.
- Regular monitoring : Establish a systematic monitoring mechanism to promptly detect cybersquatting and file objections.
- Well-known trademark claims : Gathering evidence of international fame to support well-known trademark claims under Indonesian law.
- Pre-litigation negotiations : Before filing a court-ordered dismissal lawsuit, consider negotiating a takeover bid with the squatter in a private manner.
Notes on rights protection
Indonesian courts have become more receptive to claims of well-known trademarks, but enforcement remains challenging. For cases clearly involving counterfeiting, criminal enforcement through the Directorate General of Intellectual Property or the police is often more effective than civil litigation.
Thailand
Trademark frame
Thailand’s trademark system is governed by the Trademark Act of 1991, 2534 B.E., with recent amendments further strengthening the protection of well-known trademarks. Trademark applications are processed by the Thai Intellectual Property Office and are typically examined within eight months of filing. The entire registration process typically takes 12 to 24 months.
Common squatting tactics
Common practices employed by trademark squatters in Thailand include:
- Phonetic Similarity : Register a trademark that is similar in Thai pronunciation to a well-known brand.
- Script variations : Registering similar trademarks using different scripts (Thai versus Roman).
- Cross-industry registration : registering a well-known trademark in unrelated industries, categories of goods or services with the intention of expanding or reselling it at a later date.
Protection Strategy
- Multi-script registration : Submit your application in both Thai and Roman scripts, especially if Thai will be used in local marketing activities.
- Service Mark Protection : Even if your trademark is currently used only for goods, don’t overlook service mark registration. While most cybersquatters focus on the product category, some take advantage of the opportunity to register service marks.
- Utilizing the Madrid Protocol : Thailand is a member of the Madrid Protocol, which allows it to streamline the processing of international applications.
Notes on rights protection
Thailand has specialized intellectual property courts, where experienced judges with specialized IP backgrounds hear cases. These judges tend to take a holistic approach, considering the specific circumstances of the case and the infringer’s bad faith when determining whether infringement has occurred. In trademark squatting cases, courts typically consider factors such as public confusion, the commercial history of both parties, and the pattern of squatting behavior to determine bad faith. This approach makes litigation outcomes more predictable in cases where public confusion and bad faith are evident.
Vietnam
Trademark frame
Trademark law in Vietnam is governed by the 2005 Intellectual Property Law and its major amendments in 2009, 2019, and 2022. Trademark registration is handled by the Vietnam Intellectual Property Office and typically takes 18 to 22 months to complete.
Common squatting tactics
Common tactics used by trademark squatters in Vietnam include:
- Business Name Registration : Register a foreign company’s business name/brand as a trademark.
- Preemptive application and registration in related categories : Registering foreign brands that have not yet been registered in Vietnam, or registering in related categories to circumvent review.
- Localization : Minor modifications to well-known trademarks to avoid immediate detection.
Protection Strategy
- Apply early : Vietnam’s strict “first-file, first-served” system requires right holders to submit registration applications as early as possible.
- Comprehensive Search : Perform a comprehensive search, including trademark variations in the Vietnamese version.
- Anti-counterfeiting measures : Given Vietnam’s manufacturing-based nature, a comprehensive anti-counterfeiting and rights protection program should be implemented.
- Business Name Search : Search commercial register databases for similar company names.
Notes on rights protection
Vietnam has made significant improvements in intellectual property enforcement, establishing specialized courts and improving customs procedures. However, for many cases, administrative enforcement through market regulators remains a more convenient avenue.
Philippines
Trademark frame
The trademark system in the Philippines is governed by the Intellectual Property Code of the Philippines (Republic Act No. 8293). The Intellectual Property Office of the Philippines was established under this Act. The trademark registration process typically takes 12 to 18 months to complete.
Common squatting tactics
Common tactics used by trademark squatters in the Philippines include:
- Business Name Registration : Using the registration of a business name with the Securities and Exchange Commission (SEC) to block trademark applications or to capitalize on the goodwill of a registered trademark.
- Business name registration for sole proprietorships with the Department of Trade and Industry ( DTI ) : Business registration at the local level to establish prior use rights claims.
- Register a surname trademark : Register your surname as a trademark to block foreign brands from registering it.
Protection Strategy
- Thorough due diligence : Search not only the trademark database but also the SEC corporate name and DTI trade name records.
- Use-based claims : Addressing the challenge of the first-to-file, first-served system by gathering evidence of commercial use.
- Opposition procedure : Actively file oppositions against suspicious applications during the trademark announcement period.
- Domain name protection : Register the relevant .ph domain name as supporting evidence.
Notes on rights protection
The Philippines has a specialized commercial court dedicated to intellectual property cases, which can issue warrants enforceable nationwide. The Intellectual Property Office of the Philippines has implemented streamlined opposition and cancellation procedures. For registered trademarks, enforcement can also be pursued through customs channels.
Cambodia
Trademark frame
Cambodia’s trademark system is governed by the 2002 Law on Trademarks, Trade Names and Unfair Competition and is administered by the Intellectual Property Office. Normally, trademark registration takes approximately nine to twelve months, making it one of the most efficient trademark registration systems in Southeast Asia.
Common squatting tactics
Common tactics used by trademark squatters in Cambodia include:
- Bulk registration : Take advantage of relatively low registration fees to register foreign brands in large quantities.
- Cross-border collaboration : Collaborate with cybersquatters in neighboring countries to develop regional blocking strategies.
- Seize the opportunity : Pay close attention to the trends of international brands and register in Cambodia in advance.
Protection Strategy
- Quick response : Take advantage of Cambodia’s fast registration process to file defensive applications promptly.
- Regional coordination : aligning Cambodia registrations with broader Southeast Asian trademark strategies.
- Local market assessment : Assess whether Cambodia poses a significant market risk or a key market entry point.
- Cost-benefit analysis : Weighing the cost of registration against the potential importance of the market.
Notes on rights protection
Cambodia’s intellectual property enforcement mechanisms are still developing, but the country has made progress in establishing dedicated procedures. Border enforcement through customs is currently limited but is gradually improving.
Regional best practices
Proactive protection strategy
1. Unified regional strategy : Develop a comprehensive trademark protection plan covering all target Southeast Asian markets.
2. Cultural sensitivity : Understanding local naming practices and cultural factors to avoid potential risks that may affect trademark protection.
Crisis Management
1. Rapid response mechanism : Establish a procedure for prompt action upon discovery of trademark squatting.
2. Settlement Evaluation : Weigh whether settlement is more cost-effective than litigation.
3. Public Relations Management : Preparing effective communication strategies for high-profile trademark disputes.
In conclusion
As Chinese brands and other international companies continue to expand into Southeast Asia, trademark protection is becoming increasingly important. The region’s diverse legal frameworks, coupled with increasingly sophisticated trademark squatting tactics, necessitate a comprehensive and proactive protection strategy.
To successfully combat trademark squatting, companies must deeply understand the unique legal systems of each country, establish early warning mechanisms, and possess the ability to respond quickly. Companies that invest in developing comprehensive trademark protection strategies from the outset of entering the Southeast Asian market will be better positioned to safeguard their valuable brand assets and avoid costly legal disputes.
The key to success lies in viewing trademark protection as a strategic business imperative for successful market entry and expansion in Southeast Asia, rather than as a compliance afterthought. With careful planning, local expertise, and proactive monitoring, companies can effectively navigate the complex and evolving trademark landscape and effectively protect their brands in this dynamic and rapidly growing market.
This article was first published on IPRdaily .
