Cancellation of a Trademark Certificate in Vietnam: Grounds & Procedure (2026)

A granted trademark registration certificate in Vietnam can still be wiped out — but the law distinguishes two entirely different mechanisms: invalidation and termination of validity. Confusing the two is the most common mistake in trademark disputes. This article explains the invalidation grounds under Article 96 of the IP Law, the invalidation procedure, and the boundary with termination (Article 95).

Invalidation (Article 96) vs termination (Article 95)

Invalidation (Article 96): the title was defective from the start — it should never have been granted. The invalidated part is deemed never to have taken effect from the grant date, i.e. it has retroactive effect (Article 96(3)).
Termination (Article 95): the title was valid when granted but a later event extinguished it. Termination takes effect from the date of the decision/event, with no retroactivity (Article 95(6)).

⚠️ The two grounds most often mentioned — “non-use for 5 consecutive years” and “failure to renew” — belong to Article 95 (termination), NOT invalidation. Filing them under Article 96 is legally wrong.

Grounds for invalidating a trademark certificate (Article 96)

Full invalidation — Article 96(1)(a): bad-faith filing

For trademarks, the sole ground for full invalidation is that the applicant filed the mark in bad faith — introduced by Law 07/2022/QH15 and retained to this day. (Points (b), (c) and (d) of paragraph 1 apply only to patents, industrial designs and layout designs — not trademarks.)

The “bad faith” criteria are specified in Article 112(3) of Circular 10/2026/TT-BKHCN, in two groups:

Filing large numbers of marks identical or similar to marks others are using in Vietnam, beyond normal business capacity, without evidence of genuine intent to use;
At the filing date, the mark being identical or confusingly similar to a mark already recognized by Vietnamese consumers as indicating another’s commercial origin (or a mark famous abroad), with the aim of free-riding on its reputation for profit, resale, licensing, assignment, or to block market entry, restrict competition, contrary to fair trade practices.

Full or partial invalidation — Article 96(2)

The title was granted contrary to the law regarding:

(a) The applicant had no right to register and was not assigned the registration right by the entitled person;
(b) The mark failed to meet protectability conditions (Article 8 and Chapter VII of the IP Law);
(c) Amendments or supplements to the application expanded the scope of the disclosed subject matter or changed the nature of the registered subject matter;
(e) The mark failed to satisfy the first-to-file principle (Article 90) — amended by Law 131/2025/QH15 (effective 1 April 2026).

Who may request invalidation? What is the time limit? (Article 96(4))

Standing: any organization or individual may request invalidation — no proof of right or interest required — provided the fees are paid.
Time limit: throughout the protection term for paragraph 1 grounds (bad faith); for paragraph 2 grounds concerning trademarks → only 5 years from the grant date (or from the date the international trademark registration took effect in Vietnam).

⚠️ Do not confuse the two “5-year” figures: “5 years of non-use” is a termination ground (Article 95(1)(d)), while the “5-year invalidation time limit” caps paragraph-2 invalidation requests (Article 96(4)) — different concepts.

Invalidation procedure (Article 112 of Circular 10/2026)

Dossier: declaration on Form No. 05 in Appendix II (note: Circular 20/2026/TT-BKHCN amended several forms — verify the current form number before filing) + evidence (if any) + power of attorney (if through a representative) + a statement of reasons (title number, reasons, legal basis, request for partial or full invalidation). One request may seek invalidation of only one title.

Processing:

Formality check: 1 month; deficiencies → 1 month to remedy; failure → refusal to consider.
Processing time: 5 months from the request filing date (for trademarks); complex cases may be extended by up to 3 months.
Within 1 month, the IP Office notifies the title holder and sets 2 months for the holder’s comments; if needed, the requester is notified in turn (2 months) → the Office may request additional documents (1 month) or organize a direct exchange.
The Office issues a partial/full invalidation decision or a refusal notice → records it in the National Register and publishes it in the Industrial Property Gazette within 30 days.

Fees include: the request fee, the invalidation examination fee, the recordal fee and the decision publication fee — payable per regulations. Note: a withdrawn request cannot be reinstated.

Invalidation also applies to international trademark registrations (Articles 95(7) and 96(6) of the IP Law; Article 113 of Circular 10/2026 — notified via the WIPO International Bureau).

For reference: termination grounds (Article 95)

Termination grounds — the title was valid at grant but later lost effect:

(a) Failure to pay renewal fees → automatic termination from the start of the next validity period;
(b) The holder’s declaration of surrender; (c) The holder ceases to exist/operate with no successor;
(d) Non-use for 5 consecutive years before the termination request date without legitimate reason — exception: use that started or resumed at least 3 months before the request date is not terminated on this ground;
(đ)/(e) Violation of collective/certification mark regulations; (h) Use causing misunderstanding about nature, quality or origin; (i) The mark becoming the common name of the goods/services.

Note: “token use” does not count as use (Article 111(2) of Circular 10/2026) — e.g. mere business preparation, research or testing without transactions; internal use only; appearing on documents, advertisements or websites without being affixed to goods/services placed on the market.

Termination procedure: Article 111 of Circular 10/2026 — declaration on Form No. 04 of Appendix II; processing time 5 months, up to 7 months for complex or disputed cases.

Practical risks and notes

Choose the right mechanism: title defective from grant → invalidation (retroactive); title valid but later events → termination. The wrong mechanism means refusal to consider.
Watch the 5-year time limit for Article 96(2) grounds — after it expires, only the bad-faith ground (paragraph 1) remains.
Bad-faith evidence must track the two criterion groups in Article 112(3) of Circular 10/2026 — no free interpretation.
The “resumed use at least 3 months before” exception can save a title from non-use termination — holders should keep proof of actual use.

Frequently asked questions

Is 5 years of non-use an invalidation or termination ground?

Termination, under Article 95(1)(d) — not invalidation. Invalidation applies only where the title was defective from the start (Article 96) and operates retroactively.

Does invalidation have retroactive effect?

Yes. The invalidated part of the title is deemed never to have taken effect from the grant date (Article 96(3)) — unlike termination, which only operates prospectively.

What is the time limit for requesting invalidation?

Throughout the protection term for bad-faith grounds (Article 96(1)); 5 years from grant for Article 96(2) grounds (failure to meet protectability conditions, first-to-file violations, etc.).

How long does invalidation take?

5 months from the request filing date for trademarks (up to 3 more months for complex cases), under Article 112 of Circular 10/2026.

Legal basis

Law on Intellectual Property — consolidated text 67/VBHN-VPQH (issued 23 March 2026): Article 95 (termination), Article 96 (invalidation of protection titles), Article 90 (first-to-file principle).
Law 131/2025/QH15 (effective 1 April 2026) — amended Article 96(2)(e).
Circular 10/2026/TT-BKHCN (31 March 2026, effective 1 April 2026): Article 111 (termination procedure), Article 112 (invalidation procedure; bad-faith criteria in paragraph 3), Article 113 (international registrations).
Circular 20/2026/TT-BKHCN (effective 1 July 2026) — amended several forms; verify the current form number when filing.
Decree 65/2023/ND-CP (as amended by Decrees 15/2026, 33/2026 and 100/2026; consolidated as 04/VBHN-BKHCN).

Note: Circular 23/2023/TT-BKHCN expired on 1 April 2026 and no longer applies.

Contact

If you need an assessment of invalidation or termination options against a trademark title, please contact FLAT Law Firm via our contact page.

Disclaimer and transparency notice

This article is for general legal information only. It was drafted and reviewed by the AI Legal Council of FLAT Law Firm under its internal process; it has not been reviewed by a human lawyer and does not constitute legal advice for any specific matter. Please consult a licensed lawyer before taking any procedural step.