You monitor the Industrial Property Official Gazette and spot a competitor’s trademark application that is identical or confusingly similar to your mark, filed for identical or similar goods or services. The application has been published but no protection title has been granted yet. At this point, the law gives you a powerful tool: the right to oppose the grant of a protection title. However, since 1 April 2026, this mechanism has fundamentally changed with Article 112a of the Intellectual Property Law (Consolidated Document 67/VBHN-VPQH) and the detailed procedure in Article 82 of Circular 10/2026/TT-BKHCN. Most older articles online still cite repealed rules — this article reflects the instruments currently in force.
Contents
- 1. Two different mechanisms: opposition vs third-party observations
- 2. Three grounds that can win an opposition
- 3. Opposition handling timeline
- 4. Opposition dossier checklist
- 5. What if the competitor’s mark has already been granted?
- 6. Frequently asked questions
Two different mechanisms: opposition vs third-party observations
The most important change effective 1 April 2026 is a clear separation between two mechanisms that many people still confuse:
Opposition to grant (Article 112a of the IP Law)
Under Article 112a, within 3 months from the publication date of a trademark application, any third party may oppose the grant of a protection title. The opposition must be made in writing, accompanied by documents or cited information sources as evidence, and the opponent must pay the prescribed fees and charges. This is an adversarial procedure: the IP Office of Vietnam notifies the applicant, allows the parties to respond to each other, and may hold a dialogue session.
Third-party observations (Article 112 of the IP Law)
Separately, Article 112 provides that from the publication date until before the decision to grant, any third party may submit written observations on the grant, with supporting documents. Such observations serve only as reference information for examination — no fees, and no mandatory adversarial procedure.
Quick comparison:
- Opposition (Article 112a): 3 months from publication; fees and charges payable; multi-round adversarial procedure; the outcome is notified together with the substantive examination result.
- Observations (Article 112): from publication until before the grant decision; free of charge; reference information only, not binding on the IP Office.
Note: the old 5-month opposition period is no longer in force. Do not rely on articles citing the old consolidated text or Circular 01/2007 for current cases.
Three grounds that can win an opposition
1. Your application has an earlier filing or priority date
This is the most common and strongest ground. Under Article 74(2)(d) of the IP Law, a mark is refused protection if it is identical or confusingly similar to another person’s protected mark for identical or similar goods/services, based on an application with an earlier filing or priority date. Combined with the first-to-file principle in Article 90, if you filed before your competitor and the two marks are identical or confusingly similar for the same classes of goods/services, your opposition has a very high chance of success. Your dossier should evidence your application number and filing (or priority) date, with a copy of your application or certificate.
2. The competitor filed in bad faith
Under Article 117(1)(b) of the IP Law, a mark is refused if it was filed by a person without the right to register or in bad faith. Bad faith may be shown where the competitor knew your mark was already widely used in the market yet deliberately filed an identical application to misappropriate it or exert pressure. Gather evidence of your prior use of the mark, any business relationship with the competitor, and signs that the competitor knew of your mark before filing.
3. Dispute over the right to register — be ready for court
Where the opposition concerns the right to register (who is truly entitled to register the mark), the IP Office does not decide the dispute itself. Under Article 82(3) of Circular 10/2026, the Office will require the opponent to sue in court under civil proceedings and will set a 2-month deadline to submit a copy of the court’s case-acceptance notice. If the deadline passes without submission, the opposition is deemed withdrawn. If submitted, the Office suspends processing of the application pending the court’s effective judgment or decision. Exceptions where the Office decides without requiring a lawsuit: where there is clear ground that the applicant lacks the right to register under Article 87(2) or (7) of the Law, in disputes over specialty geographical names under Article 87(3) and (4), or where the opposition is clearly unsupported by evidence.
Opposition handling timeline
The procedure under Article 82(2) of Circular 10/2026 runs as follows:
- Within 3 months from publication: you file the written opposition. This 3-month window cannot be extended — filing late means losing the opposition right; only the observations mechanism (Article 112) remains.
- Within 1 month of receipt: the IP Office notifies the applicant of the opposition and sets 1 month for the applicant to respond in writing.
- The following 1 month: if necessary, the Office forwards the applicant’s response to the opponent and sets 1 month for your reply.
- Dialogue: the Office may organise a dialogue if deemed necessary or requested by both parties.
- Outcome: notified together with the substantive examination result of the application. Note that the time for responding to an opposition does not count toward the substantive examination period (Article 82(4)).
Two special situations to know:
- Consolidated handling (Article 82(2)(a)): where the opposed mark is identical to yours, or there is clear ground to conclude confusing similarity, or the opposition is clearly unfounded — the Office will handle it within the substantive examination without opening a separate adversarial round.
- Application withdrawn: if the applicant withdraws the application under Article 116 of the Law, processing of the opposition is suspended.
- Pending court case: under Article 114(3a) of the Law, examination of the application may be suspended while a related court case is pending.
Opposition dossier checklist
For your opposition to be accepted and processed, the dossier must meet Article 82(1) of Circular 10/2026:
- Written opposition in Vietnamese, stating the grounds and legal basis;
- Documents or cited information sources evidencing the opposition (foreign-language documents must be translated into Vietnamese upon request);
- Payment of fees and charges as prescribed by the law on fees and charges;
- Filed within 3 months from the publication date of the opposed application.
What if the competitor’s mark has already been granted?
Once a protection title is granted, you can no longer oppose. The legal route then shifts to requesting invalidation of the protection title. Under Articles 96(2)(d) and 96(4) of the IP Law, a title may be invalidated in full where its grant violated the first-to-file principle (Article 90) — i.e., the competitor was granted the mark even though your application was filed earlier. The time limit for requesting invalidation of a trademark is 5 years from the grant date. This is why regularly monitoring the Gazette to detect conflicts early and oppose within the 3-month window is always far cheaper and more effective than having to seek invalidation later.
Frequently asked questions
Does filing a trademark opposition cost anything?
Yes. Unlike third-party observations under Article 112 (free, reference only), the opposition procedure under Article 112a requires the opponent to pay fees and charges as prescribed by the law on fees and charges.
What if the 3-month publication window has passed?
You lose the Article 112a opposition right, but you may still submit third-party observations under Article 112 until before the IP Office issues its grant decision. Observations are free but serve only as reference information.
Does the IP Office publish oppositions in the Gazette?
The current legal instruments do not provide for publication of oppositions in the Gazette. The outcome of opposition handling is notified to the parties together with the substantive examination result of the application.
Can a foreign party file an opposition?
Article 112a grants the opposition right to any third party, regardless of nationality. However, foreign organisations and individuals without a production or business establishment in Vietnam must act through a lawful representative in Vietnam.
Sources
- Intellectual Property Law — Consolidated Document 67/VBHN-VPQH (consolidated up to Law 131/2025/QH15, effective 1 April 2026): Articles 74(2)(d), 90, 112, 112a, 114(3a), 117(1)(b), 96(2)(d), 96(4).
- Circular 10/2026/TT-BKHCN (effective 1 April 2026): Article 82.
This article reflects legal instruments in force at the time of publication. Laws may change; consult the original texts or a professional before taking procedural steps.
Need help opposing a competitor’s trademark application?
FLAT Law Firm offers trademark watch services over the IP Gazette to detect identical or confusingly similar applications early, assesses opposition grounds, drafts opposition papers, and represents you throughout the proceedings before the IP Office of Vietnam — including the adversarial stages and court litigation where the right to register is disputed. Contact us for advice tailored to your situation.
Important notice: This article provides general legal information and does not constitute legal advice for your specific case. Its content has been quality-checked by FLAT’s AI Legal Council under internal procedures; it is not the opinion of a licensed human lawyer who has directly advised on your matter. For specific situations, consult a licensed practicing lawyer.