Opposing a Trademark Application in Vietnam: 3-Month Limit & Procedure (2026)

When a trademark application is published in Vietnam’s Industrial Property Gazette, any third party may try to stop it from proceeding to registration if the applied-for mark infringes their rights — by filing an opposition. This is a key legal tool for protecting earlier-used or earlier-registered marks. This article explains the time limit, form requirements and handling procedure for oppositions under current Vietnamese law.

The opposition time limit: 3 months from publication

Article 112a(1)(b) of the Law on Intellectual Property (consolidated text 67/VBHN-VPQH) sets the opposition time limit at 3 months from the date the application is published. This is a strict statutory deadline — no extension is available.

Note the critical change: Law 131/2025/QH15 (effective 1 April 2026) reduced the opposition period from 5 months to 3 months. The 5-month rule only remains correct for applications published before 1 April 2026. For every application published on or after 1 April 2026, an opponent has only 3 months to act.

Distinguishing “opposition” (Article 112a) from “third-party observations” (Article 112)

Vietnamese law provides two different mechanisms, often confused:

Article 112 — Third-party observations: any organization or individual may submit written observations (with supporting documents) on the grant of a protection title, at any time from publication until before the grant decision is issued. The IP Office treats these observations only as reference information during examination; there is no mandatory adversarial procedure and no fees are required.
Article 112a — Formal opposition: a legal procedure with a strict 3-month deadline; the opponent must pay fees, and the IP Office must process the opposition under the prescribed procedure (Article 82 of Circular 10/2026/TT-BKHCN).

In other words: after the 3-month window closes, you lose the right to “oppose” but retain the right to submit “observations” under Article 112 until the grant date — though observations do not trigger the mandatory adversarial procedure.

Form requirements for an opposition

Under Article 112a(2) of the IP Law and Article 82(1) of Circular 10/2026/TT-BKHCN, an opposition must:

Be made in writing in Vietnamese;
Be accompanied by documents or cited information sources evidencing the opposition; foreign-language documents must be translated into Vietnamese when the IP Office so requires;
Be accompanied by payment of the prescribed fees (per the fee schedule under Circular 263/2016/TT-BTC; note Circular 64/2025/TT-BTC reduces official fees by 50% from 1 July 2025 to 31 December 2026).

Any third party may file an opposition — the law does not require proof of any right or related interest.

How oppositions are handled (Article 82 of Circular 10/2026)

Within 1 month of receiving the opposition, the IP Office notifies the applicant and sets a 1-month deadline for the applicant to respond in writing. In clear-cut cases, the Office may resolve the matter directly during substantive examination.
If necessary, the Office forwards the applicant’s response to the opponent and sets a 1-month deadline for the opponent’s written reply.
The Office may organize a direct dialogue between the parties where clarification is needed.
The outcome of the opposition is notified together with the substantive examination result.

Importantly, the time spent on this back-and-forth is not counted toward the substantive examination time limit (Article 82(4) of Circular 10/2026).

Disputes over the right to register

Where the opposition concerns a dispute over who has the right to register the mark, the IP Office notifies the opponent to file a lawsuit and sets a 2-month deadline for the opponent to submit a copy of the court’s case-acceptance notice. If the deadline passes without submission, the opposition is deemed withdrawn. If a case-acceptance notice is submitted, processing of the application is suspended pending the court’s legally effective judgment (except in clear-cut cases that can be resolved immediately under Article 87(2) and (7) of Circular 10/2026).

Is a late opposition still possible?

Once the 3-month window closes, a formal opposition under Article 112a is no longer accepted. However, under Article 87(1)(a) of Circular 10/2026, if the third party has convincing evidence of force majeure or objective obstacles that prevented a timely opposition, the IP Office will re-examine the application. This is a narrow door requiring persuasive evidence — it should not be relied on instead of meeting the deadline.

Practical risks and notes

Watch the publication date: the 3 months run from publication, not filing. Businesses should monitor the Industrial Property Gazette regularly or use a watch service.
Do not confuse the two mechanisms: “third-party observations” (Article 112) filed after 3 months still have reference value, but do not trigger the mandatory procedure of a formal opposition (Article 112a).
Prepare evidence early: an opposition is persuasive only with supporting documents — earlier use or registration, reputation, likelihood of confusion.
No guaranteed outcome: the IP Office decides based on evidence and the law; an opposition is part of the examination process and does not guarantee refusal of the application.

Frequently asked questions

Who can oppose a trademark application?

Any third party — the law does not require proof of any right or related interest.

Does filing an opposition cost anything?

Yes. A formal opposition under Article 112a requires payment of prescribed fees (unlike third-party observations under Article 112, which require none).

Can I still oppose after 3 months?

No formal opposition under Article 112a. The remaining options are: proving force majeure or objective obstacles for re-examination (Article 87(1)(a) of Circular 10/2026), or submitting third-party observations (Article 112) before grant as reference material.

Does the 5-month period still apply?

No — for applications published on or after 1 April 2026. Law 131/2025/QH15 reduced it to 3 months. The 5-month figure is only correct for applications published before 1 April 2026.

Legal basis

Law on Intellectual Property — consolidated text 67/VBHN-VPQH (issued 23 March 2026): Article 112 (third-party observations), Article 112a (opposition to applications), Article 119(2)(b) (substantive examination time limit).
Law 131/2025/QH15 amending the IP Law — effective 1 April 2026 (reduced the opposition period from 5 months to 3 months).
Circular 10/2026/TT-BKHCN (31 March 2026, effective 1 April 2026): Article 82 (opposition handling procedure), Article 87 (re-examination).
Decree 65/2023/ND-CP (as amended by Decrees 15/2026, 33/2026 and 100/2026; consolidated as 04/VBHN-BKHCN).
Circular 263/2016/TT-BTC (IP fees); Circular 64/2025/TT-BTC (50% fee reduction until 31 December 2026).

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

Contact

If you need assistance opposing a trademark application, monitoring applications, or protecting your marks in Vietnam, 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.