When your trademark is copied, counterfeited, or used without permission, filing a civil lawsuit is the strongest enforcement tool available: it can force the infringer to stop, pay damages, and destroy infringing goods. But litigation only works when you file in the right court, follow the correct procedure, and budget for the real costs. This article walks through the full process of suing for trademark infringement in Vietnamese courts under current law.
Who May Sue for Trademark Infringement?
Under Articles 203 and 198.1(d) of the Intellectual Property Law (as consolidated in VBHN 67/VBHN-VPQH following Law 131/2025/QH15), the following parties may ask a court to apply civil remedies:
- The owner of a trademark protection title that is still valid;
- A person to whom industrial property rights have been lawfully assigned;
- A person lawfully authorized by the rights holder.
The key condition: the infringing act must have occurred within the protection term of the title. If your trademark registration certificate has expired without renewal, your claim risks dismissal from the outset.
What Counts as Trademark Infringement?
Article 129.1 of the Intellectual Property Law lists infringing acts, including:
- (a) Using a sign identical to the protected trademark for identical goods or services;
- (b) Using an identical sign for similar or related goods/services where confusion is likely;
- (c) Using a similar sign for identical, similar, or related goods/services where confusion is likely;
- (d) Using a sign identical or similar to a well-known trademark (including translations/transliterations) for any goods/services where confusion or a false impression of association is likely.
To prove “likelihood of confusion”, courts in practice rely heavily on an IP expert opinion (Article 201 of the IP Law) — see our guide on IP expert opinions in disputes.
Applicable Legal Framework and Validity
- Intellectual Property Law (consolidated in VBHN 67/VBHN-VPQH), amended by Law 131/2025/QH15 (effective 1 April 2026) — new rules on civil remedies, expert opinions, and damages;
- Civil Procedure Code 92/2015/QH13, amended by Law 85/2025/QH15 (effective 1 July 2025) — fundamental changes to court jurisdiction over IP cases;
- Resolution 326/2016/UBTVQH14 on court fees — still in force at the time of writing, with no replacement;
- Civil Code 91/2015/QH13 — limitation periods for damages claims;
- Criminal Code (amended 2025) — criminal prosecution where the elements of a crime are met.
Note: the old rule that provincial People’s Courts heard IP disputes at first instance (former Article 37 of the Civil Procedure Code) is no longer in force.
Where to File: IP Court Jurisdiction After 1 July 2025
A common mistake is assuming all IP cases go to a single court in Hanoi. Under Article 36 of the Civil Procedure Code (as amended by Law 85/2025) and Resolution 81/2025/UBTVQH15 (27 June 2025, effective 1 July 2025):
- First instance: the IP Court of a Regional People’s Court hears civil and business/commercial cases concerning IP rights and technology transfer.
- Territorial allocation under Resolution 81/2025:
- Regional People’s Court No. 2 – Hanoi: 20 provinces/cities including Hanoi, Hai Phong, Hue, Bac Ninh, Cao Bang, Dien Bien, Ha Tinh, Hung Yen, Lai Chau, Lang Son, Lao Cai, Nghe An, Ninh Binh, Phu Tho, Quang Ninh, Quang Tri, Son La, Thai Nguyen, Thanh Hoa, Tuyen Quang;
- Regional People’s Court No. 1 – Ho Chi Minh City: 14 provinces/cities including Can Tho, Da Nang, Ho Chi Minh City, An Giang, Ca Mau, Dak Lak, Dong Nai, Dong Thap, Gia Lai, Khanh Hoa, Lam Dong, Quang Ngai, Tay Ninh, Vinh Long.
- Appeal: the Economic Court of a provincial People’s Court (Article 38, as amended) hears appeals of IP-related judgments not yet legally effective.
- Territorial rules in detail: Articles 39–40 of the Civil Procedure Code (defendant’s residence/head office; place where the infringement occurred — the plaintiff may choose in certain cases).
Cases with foreign elements also fall under Regional People’s Courts under post-reform practice.
Step-by-Step Civil Procedure
Step 1 — Prepare evidence
This step decides the outcome: a copy of the valid trademark registration certificate, samples of suspected infringing goods, photos/links of advertisements, sample purchase invoices, an IP expert opinion (Article 201 of the IP Law), and notarized records of the infringing acts. Sending a warning letter first is not mandatory but shows good faith and may resolve the matter without litigation.
Step 2 — File the lawsuit petition
The petition follows Article 189 of the Civil Procedure Code and may be filed in person, by post, or electronically (Resolution 01/2026/NQ-HDTP, effective 1 March 2026).
Step 3 — Court review of the petition
Within 3 working days, the Chief Judge assigns a judge; the judge reviews the petition within 5 working days and decides to request amendments, accept the case, transfer the petition, or return it (Articles 191, 193, 195).
Step 4 — Advance court fees
Within 7 days of receiving the court’s notice, the plaintiff must pay the court fee advance (Article 195.2). The court accepts the case upon receiving the payment receipt.
Step 5 — Court mediation
Before trial, the court conducts mediation under Articles 205–209 and the Law on Mediation and Dialogue at Courts. Many trademark disputes settle here through damages/license agreements.
Step 6 — Trial preparation
Preparation periods run from case acceptance: 4 months for civil cases, 2 months for business/commercial cases; complex cases may be extended by no more than 2 months (Article 203).
Step 7 — First-instance trial and appeal
The court tries the case and issues a judgment. Parties may appeal within 15 days of pronouncement (for parties present at the hearing) under Article 273.
Provisional Urgent Measures
When filing (or simultaneously), the plaintiff may request provisional urgent measures under Articles 111–142 of the Civil Procedure Code: freezing accounts, prohibiting asset transfers, seizing goods, prohibiting specific acts, and more. New under Law 131/2025, Article 202 of the IP Law allows courts to order the removal, concealment, or disabling of access to infringing content online. The requesting party must provide security under Article 208 of the IP Law.
Costs of Suing for Trademark Infringement
Court fees follow Resolution 326/2016/UBTVQH14 (still in force at the time of writing):
| Item | Amount |
|---|---|
| First-instance court fee advance (Article 7) | Cases without a price bracket: equal to the corresponding court fee; cases with a price bracket: 50% of the estimated court fee, minimum VND 300,000 |
| Civil first-instance fee, no price bracket | VND 300,000 |
| Civil first-instance fee, with price bracket | Up to VND 6m: 300,000; >6–400m: 5%; >400–800m: 20m + 4% of the excess over 400m; >800m–2bn: 36m + 3% of the excess over 800m; >2–4bn: 72m + 2% of the excess over 2bn; >4bn: 112m + 0.1% of the excess over 4bn |
| Business/commercial first-instance fee, no price bracket | VND 3,000,000 |
| Business/commercial first-instance fee, with price bracket | Up to VND 60m: 3,000,000; >60–400m: 5%; >400–800m: 20m + 4% of the excess; >800m–2bn: 36m + 3% of the excess; >2–4bn: 72m + 2% of the excess; >4bn: 112m + 0.1% of the excess |
| Appellate court fee | VND 300,000 |
| IP expert opinion | By agreement in the appraisal contract (refer to the service schedule of the appraising body such as VIPRI); no fixed state rate |
| Lawyers | By agreement; in practice the losing party may bear the winner’s legal costs within reasonable limits |
| Provisional measures fee in civil cases | Resolution 326 sets no separate rate for civil cases (only VND 800,000 for measures related to commercial arbitration) |
| Judgment enforcement | Enforcement fees under civil judgment enforcement rules |
Note: Circular 64/2025/TT-BTC reduces/exempts certain fees from 1 July 2025 to 31 December 2026 — check which of the above items qualify before finalizing your budget. For a comparable cost breakdown, see costs of filing a commercial contract lawsuit.
Limitation Period
The IP Law sets no separate limitation period, so the Civil Code applies: damages claims are subject to a 3-year limitation from the date the claimant knew or should have known of the infringement (Article 588 of the Civil Code; Article 5 of Resolution 02/2022/NQ-HDTP). For a claim to cease the infringing act alone (no damages), the law sets no express limitation — filing early, within the 3-year period, is recommended. The academic view that “no limitation applies while the act continues” is academic opinion, not written law.
Three Enforcement Routes
- Civil litigation (this article): cessation + damages.
- Administrative action: science-technology inspectorates, market surveillance, customs, police, and commune-level People’s Committees sanction under Decree 99/2013/ND-CP (amended by Decrees 126/2021, 46/2024 and Decree 186/2026/ND-CP of 26 May 2026, effective 15 July 2026 — new: ordering return of domain names and blocking access to infringing domain names). Sanctioning authority: heads of specialized inspection teams up to VND 200 million, the Director General of the IP Office up to VND 250 million, and commune-level People’s Committee chairpersons. Administrative sanction limitation for IP violations: 2 years (Article 6 of the Law on Handling Administrative Violations).
- Criminal prosecution: Article 226 of the Criminal Code (amended 2025): clause 1 — illegal gains of VND 100m to under 300m / damage of VND 200m to under 500m / infringing goods valued at VND 200m to under 500m → fine of VND 50–500m or non-custodial reform up to 3 years; clause 2 (organized, repeat, gains of 300m+, damage of 500m+, goods of 500m+): fine of VND 500m–1bn or imprisonment of 6 months to 3 years; additional penalties: fine of VND 20–200m, ban from positions/professions for 1–5 years.
Risks and Practical Recommendations
- Gather evidence early: notarized records, sample purchases with invoices, screenshots of advertisements — before infringing goods disappear.
- Obtain an expert opinion before suing to assess your chances and strengthen your case in court.
- Consider provisional urgent measures immediately upon filing if assets or goods may be dissipated.
- For foreign investors: cases with foreign elements still fall under Regional People’s Courts; petitions and fee advances can be filed online under Resolution 01/2026/NQ-HDTP.
- Avoid filing in the wrong court; citing the repealed rule on provincial courts hearing IP cases at first instance; or citing IP Law article numbers from old consolidations without checking VBHN 67 after Law 131/2025.
Frequently Asked Questions
How long does a trademark infringement lawsuit take?
From acceptance to first-instance trial: 4 months (civil cases) or 2 months (business/commercial cases), extendable by up to 2 months for complex cases (Article 203). Evidence preparation, mediation, and any appeal add time.
Can I get damages without proving a specific loss amount?
Yes. Where loss cannot be determined under the standard bases, the court sets damages at its discretion up to VND 1 billion (new from 1 April 2026) — see how IP damages are calculated.
Must I send a warning letter before suing?
No. The law does not require it, but a warning letter is a recommended practical step that saves costs and shows good faith.
Do I sue in Hanoi or Ho Chi Minh City?
It depends on the defendant’s residence/head office or where the infringement occurred, under the Resolution 81/2025 allocation: Regional Court No. 2 – Hanoi (20 provinces/cities) and Regional Court No. 1 – Ho Chi Minh City (14 provinces/cities). Not every IP case goes to Hanoi.
Can I sue over an unregistered trademark?
As a rule, trademark rights arise from the protection title. Well-known marks are protected without registration, but proving “well-known” status is very difficult — register your trademark before you need to enforce it.
Sources
- Intellectual Property Law (VBHN 67/VBHN-VPQH), amended by Law 131/2025/QH15 (effective 1 April 2026) — Articles 129.1, 198.1(b)(d), 201, 202, 203, 208;
- Civil Procedure Code 92/2015/QH13, amended by Law 85/2025/QH15 (effective 1 July 2025) — Articles 36, 38, 39, 40, 102, 111–142, 189, 191, 193, 195, 203, 205–209, 273;
- Resolution 81/2025/UBTVQH15 (27 June 2025, effective 1 July 2025) — IP court territorial allocation;
- Resolution 326/2016/UBTVQH14 — court fees;
- Civil Code 91/2015/QH13 — Article 588; Resolution 02/2022/NQ-HDTP — Article 5;
- Decree 99/2013/ND-CP (amended by Decrees 126/2021, 46/2024, 186/2026/ND-CP effective 15 July 2026);
- Criminal Code (amended 2025) — Article 226; Law on Handling Administrative Violations — Article 6;
- Resolution 01/2026/NQ-HDTP (effective 1 March 2026) — electronic filing.
Disclaimer: The information in this article is for reference only and does not constitute legal advice. Please consult a lawyer regarding your specific matter.
Content transparency: This article was drafted with AI assistance, based on the cited legal instruments, and has been editorially reviewed by the FLAT LAW FIRM content team before approval.
If your trademark is being infringed and you need an assessment of litigation prospects, costs, and enforcement strategy, contact FLAT LAW FIRM.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.