A trademark registration certificate is valid for 10 years — but 10 years from when? The answer surprises many owners: from the filing date, not the grant date. Get this wrong and a business can “sleep” on its rights for years — and lose its mark right in the big 2026 renewal wave of applications filed back in 2016.
1. The 10-year term runs from the filing date
Under Article 93.6 of the Intellectual Property Law 50/2005/QH11 (amended by Law 131/2025/QH15, effective 1 April 2026; consolidated text 67/VBHN-VPQH of 2026 dated 23 March 2026): a trademark registration certificate is effective from grant until the end of 10 years from the filing date.
Because substantive examination in Vietnam typically takes 2–3 years, the remaining protection after grant is usually only 7–8 years. The most common trap: owners count 10 years from the grant date, only to discover the mark expired long ago.
2. Renewal: unlimited times, 10 years each
The same Article 93.6 provides that a trademark certificate may be renewed consecutively, 10 years at a time — with no cap on the number of renewals. In theory, a duly maintained mark can enjoy indefinite protection.
Renewal procedure and timing
Under Article 108 of Circular 10/2026/TT-BKHCN (effective 1 April 2026, replacing Circular 23/2023; amended by Circular 20/2026/TT-BKHCN, effective 1 July 2026):
- Renewal applications are filed within 6 months before the certificate expires;
- Late filing is accepted within 6 months after expiry, subject to late fees for each month of delay;
- Renewal fees follow the fee schedule in force at filing.
The big 2026 renewal wave
Marks applied for in 2016 — when trademark filings surged — are all coming due in 2026. Owners should check the filing date (not the grant date) on their certificates now, so as not to miss the 6-month pre-expiry window.
3. Comparing protection terms across IP subject matter
| Subject matter | Term | Renewal |
|---|---|---|
| Trademarks | 10 years from filing date | Unlimited, 10 years each time |
| Inventions (patents) | 20 years from filing date | No renewal |
| Industrial designs | 5 years from filing date | Maximum 2 consecutive renewals (Art. 93.4) |
Trademarks are the only one of the three that can be maintained indefinitely — provided the owner never misses a renewal deadline.
4. Risks of letting a mark lapse
- Loss of exclusivity: a lapsed, unrenewed mark terminates; others may file for similar marks;
- Hard to recover: once the 6-month late-renewal window closes, there is no mechanism to “rescue” the certificate;
- Infringement exposure: trademark infringement is sanctioned under Decree 99/2013/ND-CP (amended by Decree 186/2026/ND-CP); the statute of limitations for IP administrative violations is 2 years (Law 88/2025).
5. Frequently asked questions
Must use be proven to renew a trademark?
Vietnamese law does not require proof of use when renewing a certificate. However, a mark unused consecutively may face termination upon request through a separate procedure.
Is there a penalty for late renewal filing?
No administrative “fine”, but late fees accrue per month of delay, and late filing is only possible within 6 months after expiry.
Can an expired mark be re-registered?
In principle a new application may be filed, but the old priority date is lost and the full examination process restarts — during which the mark is unprotected.
6. Conclusion
Remember two numbers: 10 years from the filing date and unlimited 10-year renewals. Check the filing date on your certificate now — especially for 2016 filings — and set a reminder 6 months before expiry.
Read more: Competitor copied your registered trademark: steps to take.
If your business needs a trademark portfolio and renewal-calendar review, contact FLAT Law Firm for advice.
This article has been reviewed by the QA Council.
Transparency note: this article was prepared by the FLAW AI Legal Council based on legislation in force at the time of writing (14 October 2026). It is for general information only, is not an official legal text, and does not replace legal advice for your specific case. Renewal fees follow the schedule in force; local delegation of procedures should be checked against the original texts.