Global Vietnam Lawyers would like to introduce our valued readers to an article by Lawyer Le Quang Vy titled “Protecting voice and personal image in the AI era” published in The Saigon Times, 20-2026 (1.848) on May 14, 2026.
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The move by pop superstar Taylor Swift to file trademark applications for her voice and personal image with the United States Patent and Trademark Office (USPTO) has drawn considerable legal attention, reflecting a growing trend toward the “assetization” of personal identity elements in order to strengthen protection against high-tech impersonation and deepfake technologies. This also reflects an important trend in modern legal thinking: the shift from the traditional protection of personal rights toward the assetization of personal identifiers in the digital marketplace.
The U.S. Protection Framework
Under U.S. intellectual property law, trademarks are not limited to traditional identifiers such as words, drawings, or logos. They may also include non-traditional marks such as sounds, colors, and trade dress. In the entertainment industry, trade dress may encompass a performer’s signature stage style, costumes, lighting, and overall artistic presentation, effectively functioning as a form of personal trade dress. In Taylor Swift’s case, the trademark applications cover:
Two sound marks: “Hey, it’s Taylor Swift” and “Hey, it’s Taylor.” These short phrases function as recognizable voice signatures rather than songs. As such, they are not protected under copyright law but may qualify for protection as sound trademarks.
One visual mark: a stage-performance image featuring sparkling attire and a pink guitar. Legally, the protection extends beyond a single photograph to the broader overall visual style associated with the artist.
The primary objective behind registering such voice and image elements is to mitigate the growing risks posed by AI-generated impersonation.
Trademark protection for personal voices and images represents a form of identity commercialization. Unlike ordinary trademarks for goods or services, this type of protection intersects with three separate legal rights: (i) trademark; (ii) copyright, protection for lyrics; and (iii) publicity right, which protects the commercial value of an individual’s fame and identity. In the United States, individuals enjoy robust legal protection over the commercial use of their identity, image, voice, likeness, and other recognizable attributes, including personal style and persona. Accordingly, any unauthorized use of another person’s image or reputation for advertising or profit-making purposes may constitute a violation of publicity rights. Once Taylor Swift’s voice and visual identifiers receive trademark protection, any unauthorized commercial use of her likeness or imitation of her voice for advertising or business activities could potentially amount to an infringement of her intellectual property rights.
The legal significance of transforming one’s voice and image into commercially recognizable trademarks is particularly noteworthy. It provides artists with a stronger basis to initiate legal action against confusion, impersonation, or AI-driven forgery. For the entertainment industry, the case may establish an important precedent: personal voice and image can now be treated as valuable commercial assets eligible for industrial property protection through trademark registration.
Does Vietnamese law provide protection?
The Law on Intellectual Property of Vietnam has undergone four rounds of amendments in 2009, 2019, 2022, and 2025. Under the 2022 amendment, Vietnamese law officially began recognizing sound marks, allowing sound signs represented graphically to qualify for trademark protection. Although sound is inherently perceived through hearing, the law requires that such sound signs be represented in a visible form. Accordingly, trademark applicants must submit both an audio file and a corresponding graphical representation. Such graphical representation may include, among other things, musical notation, rhythm patterns, sound-wave diagrams, frequency charts, or other technical forms capable of accurately reflecting the structure of the sound to ensure consistent and precise reproducibility. The graphical representation is not merely a technical requirement; it constitutes a mandatory legal condition serving as the foundation for establishing and enforcing rights over sound trademarks, particularly amid the rapid development of the creative industries. In theory, therefore, Vietnamese law does permit protection for sound trademarks, provided they possess distinctiveness and can be graphically represented. In practice, however, Vietnam has yet to establish any precedent involving the protection of a personal voice as a trademark. A personal voice may be regarded as a natural characteristic, making it difficult to prove trademark distinctiveness. As a result, such applications could face refusal on the grounds that they lack distinctiveness and fail to indicate commercial origin.
With respect to images, Vietnamese intellectual property law permits the registration of images as trademarks so long as they are distinctive and do not fall within prohibited categories. Unlike U.S. law, however, where identity and personal image may be commercialized and effectively treated as proprietary assets, Vietnamese law does not yet recognize personal identity or image as independent intellectual properties. Consequently, these matters are generally governed not by intellectual property law, but by civil law relating to personal rights. Nevertheless, personal images may still be registered as trademarks if the individual depicted has given consent, the registration does not infringe personal rights, and the image satisfies trademark protection requirements, particularly the requirement of distinctiveness from other trademarks used for goods or services.
It may therefore be said that U.S. law has evolved toward recognizing voice and personal image as protectable industrial property rights in the form of trademarks. Vietnamese law, by contrast, continues to protect such elements primarily through the framework of personal rights, with only limited recognition of their commercial dimension. Moreover, Vietnam still lacks a standalone legal regime governing the commercial exploitation of personal fame or identity. Instead, protection is scattered across various legal instruments. Specifically, personal images are protected under Article 32 of the 2015 Civil Code concerning an individual’s rights over their image; the Law on Intellectual Property provides trademark protection where statutory conditions are satisfied; and the Law on Advertising prohibits the use of a person’s image in advertising without consent.
Expanding the scope of intellectual property protection
Today, trademarks are no longer confined to traditional identifiers such as logos, letters, words, or drawings. Increasingly, trademark protection extends to non-traditional identifiers, particularly the broader concept of an individual’s “commercial identity.” As Vietnam continues pursuing policies aimed at developing its cultural industries and shifting from a “state-subsidized” model toward a “market-oriented” approach, it will likely need to broaden the scope of intellectual property protection to keep pace with AI developments. In particular, Vietnam may need to establish a more comprehensive legal framework governing the commercial exploitation of personal image and identity — similar to the concept of publicity rights in the United States — in order to ensure effective legal protection against technologically sophisticated impersonation, especially within the entertainment and cultural sectors.
