Many businesses invest heavily in logo design, packaging and launch campaigns — and only then think about trademark registration. That order carries major risk: in Vietnam, trademark rights belong to the first filer, not the first user. This article sets out 5 key notes for registering trademark protection at the right time, under the framework in force as of 14/10/2026.
Current legal framework (mandatory): the Law on Intellectual Property 50/2005/QH11 as amended by Law 131/2025/QH15 (passed 10/12/2025, effective 01/4/2026); the latest consolidated text is Consolidated Document 67/VBHN-VPQH (dated 23/3/2026, consolidating up to Law 131/2025). Implementing regulations on industrial property: Decrees 15/2026, 33/2026 and 100/2026/ND-CP (replacing Decree 65/2023/ND-CP); procedures under Circular 10/2026/TT-BKHCN (effective 01/4/2026, replacing Circular 23/2023/TT-BKHCN) and Circular 20/2026/TT-BKHCN (effective 01/7/2026, amending forms). Any document published before 10/12/2025 on trademark registration timelines or procedures is outdated — do not rely on it.
1. File before launch — the first-to-file principle (Article 90(2), Consolidated Document 67)
Under Article 90(2) of Consolidated Document 67, where multiple applications are filed for identical or confusingly similar marks for identical or similar goods/services, the protection title is granted only to the valid application with the earliest priority or filing date. This is the central legal basis of the whole strategy: whoever files first (validly) gets the right. The practical consequence is stark: launching products, running ads and putting goods on shelves before filing a trademark application means exposing your own mark to competitors — a competitor need only file earlier to take the right. Applications should therefore be filed before the product launch, ideally as soon as the final mark is confirmed.
2. Search the trademark before filing — an important practical recommendation
Under Article 117 of Consolidated Document 67, an application is refused where the mark fails the protection conditions (distinctiveness — Article 72; non-protectable subject matter — Articles 73, 74) or breaches the first-to-file principle (Article 90). To avoid waiting through examination only to be refused, businesses should search the trademark before filing: check for identical or confusingly similar marks on the Digital Library of Industrial Property (ipplatform.gov.vn), and/or request an official search at the Intellectual Property Office of Vietnam (fee-based under Circular 263/2016/TT-BTC). Be clear: searching is a practical recommendation, not a statutory duty — the law does not require a search before filing. But skipping it means gambling months of examination on an unknown outcome.
3. Classify goods and services correctly and completely — protection only within registered classes
Trademark rights arise only within the registered classes of goods and services. A common mistake: registering the mark for current products but omitting classes relevant to upcoming products or expansion plans — leaving a gap for competitors to register that very mark for the omitted classes. When preparing a product launch, review the registered class list (under the goods/services classification — the Nice Classification) and consider supplementary filings for related classes before the new product hits the market. Goods/services descriptions should also be precise: too narrow (not covering the actual product) or too generic (risking clarification requests that prolong processing).
4. Know the shortened new timeline — Article 119, Consolidated Document 67
Since 01/4/2026, trademark application processing times have been significantly shortened (Article 119): formality examination: 01 month from filing (Clause 1); publication: 01 month from the date the application is deemed valid (Article 110(3), reduced from 02 months); new — Article 110(1a): trademark applications are disclosed immediately upon receipt; substantive examination: 05 months from publication (Article 119(2)(b) — reduced from 09 months). The law also adds an expedited substantive examination: 03 months (Article 119(2a)) for cases prescribed by the Government (details in Decree 100/2026 — check the original text for eligibility). Businesses should align product launch plans with the application timeline: under the new schedule, from filing to substantive examination results can take around 7 months in ordinary cases — the earlier the filing, the shorter the pre-protection “risk window”.
5. Budget fees correctly and track title renewals
How to file (Article 89, Consolidated Document 67): Vietnamese organisations and individuals; foreign individuals residing in Vietnam; foreign organisations and individuals with production or business establishments in Vietnam may file directly or through a lawful representative in Vietnam; foreign individuals not residing in Vietnam and foreign organisations/individuals without production or business establishments in Vietnam must file through a lawful representative in Vietnam (an industrial property representation organisation). File with the Intellectual Property Office of Vietnam (in person in Hanoi, representative offices in Ho Chi Minh City and Da Nang, or online).
Fees: the current schedule is Circular 263/2016/TT-BTC (amended by Circulars 24/2021 and 63/2023). Note two incentive milestones: the 50% online-filing fee reduction applied only until 31/12/2025 — standard rates apply from 01/01/2026; the new Circular 29/2026/TT-BTC exempts filing fees for industrial property protection applications (including divisional and converted applications) and title issuance fees for public services performed on the VNeID app, applicable until 31/12/2026. Check the current fee schedule before budgeting — do not use fee figures from old documents.
Validity and renewal: under Article 93(6) of Consolidated Document 67, a trademark registration certificate is valid from issuance until the end of 10 years from the filing date, renewable indefinitely for 10-year terms, effective nationwide. Practical tip: set renewal reminders early — letting a title lapse means filing anew and once again facing the first-to-file principle (Article 90), i.e., reliving all the risks analysed in note 1.
Frequently asked questions
Can I launch the product first and file the trademark application later?
Procedurally yes, but very risky. Under the first-to-file principle (Article 90(2), Consolidated Document 67), rights go to the earliest valid filer — publicising the product before filing lets others file first and take the mark.
Is a pre-filing trademark search mandatory?
No. The law does not require it — it is a practical recommendation to assess refusal risks under Article 117 (identical/confusingly similar marks or first-to-file breaches).
How long does registration take under the new rules?
Formality examination 01 month → publication 01 month (plus immediate disclosure upon receipt) → substantive examination 05 months. Ordinary processing takes around 7 months from filing.
When does the 03-month expedited examination apply?
Under Article 119(2a), for cases prescribed by the Government (details in Decree 100/2026) — check the original text for specific eligibility.
How long is a trademark title valid?
10 years from the filing date, renewable indefinitely for 10-year terms (Article 93(6)), effective nationwide.
How does a foreign organisation without a Vietnamese establishment file?
It must file through a lawful representative in Vietnam (an industrial property representation organisation) under Article 89.
Sources
- Law 131/2025/QH15 (amending the Law on Intellectual Property 50/2005/QH11) — passed 10/12/2025, effective 01/4/2026;
- Consolidated Document 67/VBHN-VPQH — dated 23/3/2026: Article 90(2) (first-to-file principle), Article 89 (filing methods), Article 119 (timelines: 01-month formality, 01-month publication, 05-month substantive, 03-month expedited), Article 93(6) (10-year validity, 10-year renewals), Article 117 (refusal), Article 110(1a) (immediate disclosure upon receipt);
- Decrees 15/2026, 33/2026, 100/2026/ND-CP — industrial property implementing regulations (replacing Decree 65/2023/ND-CP);
- Circular 10/2026/TT-BKHCN — effective 01/4/2026, registration procedures (replacing Circular 23/2023/TT-BKHCN); Circular 20/2026/TT-BKHCN — effective 01/7/2026, amending forms;
- Circular 263/2016/TT-BTC (amended by Circulars 24/2021, 63/2023) — industrial property fee schedule; Circular 29/2026/TT-BTC — fee exemptions for VNeID public services (until 31/12/2026).
For reference only; not legal advice. This article was drafted by AI and quality-checked by the AI Legal Council of FLAT Law Firm; it has not been reviewed or approved by a human lawyer. Regulations may change; please check the current legal texts before applying.
Related articles
- Trademark Protection in Vietnam for Foreign Investors
- Trademark Registration for FDI Enterprises 2026
About to launch a product and need timely trademark protection? Contact FLAT Law Firm for advice.
