A trademark registration certificate in Vietnam is valid for 10 years from the filing date — and unlike industrial designs (renewable only twice, 5 years each), a trademark may be renewed indefinitely, 10 years at a time. But many owners miss the deadline and lose their rights automatically. Under Articles 93(6), 94, and 95 of the IP Law (Consolidated Document 67/VBHN-VPQH) and Article 109 of Circular 10/2026/TT-BKHCN, the renewal procedure has one core question: when must the renewal request be filed? This article gives you the complete timeline, dossier checklist, and warnings.
Contents
- 1. How long is a trademark valid?
- 2. The renewal filing window: 6 months before, 6 months of grace
- 3. Missing the deadline: automatic termination
- 4. Renewal dossier checklist (Form 02)
- 5. How the IP Office processes the request
- 6. Practical tips: partial renewal and multiple certificates
- 7. Renewal vs maintenance: don’t confuse them
- 8. Frequently asked questions
How long is a trademark valid?
Under Article 93(6) of the IP Law, a trademark registration certificate is effective from the grant date until the end of 10 years from the filing date, and may be renewed for consecutive 10-year periods with no limit on the number of renewals. In other words, a trademark can be protected forever — provided you renew on time, every time.
Article 94(2) requires the title holder to pay renewal fees and charges; the order and procedures are prescribed by the Minister of Science and Technology — Article 94(4) — currently Article 109 of Circular 10/2026 (effective 1 April 2026).
The renewal filing window: 6 months before, 6 months of grace
This is the heart of the topic. Under Article 109(4) of Circular 10/2026:
- Standard filing window: the renewal request together with the examination fee, renewal fee, title-use fee, recordal fee, and publication fee must be filed within 6 months counting back from the certificate’s expiry date. This is the safe, normal window.
- Late filing accepted, with a hard cap: filing after expiry is still accepted, but no later than 6 months from the expiry date, on condition of paying an additional late fee for each month of delay as prescribed by the law on fees and charges.
- Past the 6-month grace period: the request is invalid (filed out of time — Article 109(5)), and the consequence is severe (see below).
Because the calculation of time limits can be affected by weekends and public holidays, check the method of time calculation carefully rather than computing expiry dates yourself.
Missing the deadline: automatic termination
Under Article 95(1)(a) and 95(2) of the IP Law, where the title holder fails to pay the renewal fees and charges within the prescribed time limit, the validity of the protection title automatically terminates from the start date of the next validity period. The IP authority records the termination in the National Register and publishes it in the IP Gazette.
The practical consequence: your mark falls into the public domain — a competitor may file a new application for the identical mark. There is no procedure to “restore” a trademark that has terminated for failure to renew. Renewal is a binary outcome: on time, or lost.
Renewal dossier checklist (Form 02)
Under Article 109(3) of the Circular, the dossier comprises:
- A declaration in Form No. 02 of Appendix II of the Circular;
- The original certificate — only where the title was issued in paper form and you request the renewal to be recorded on the certificate itself;
- Power of attorney (if filed through a representative); where renewal covers only part of the goods/services list, the authorisation must state the corresponding scope;
- Payment of all fees and charges (examination, renewal, title use, recordal, publication; plus late fees per month of delay if filed in the grace period).
Fee amounts follow the law on fees and charges; this article does not state absolute figures.
How the IP Office processes the request
Under Article 109(6) of the Circular:
- Valid dossier: within 1 month from receipt, the IP Office issues a renewal decision, records it, enters it in the register, and publishes it in the IP Gazette within 30 days from the decision date.
- Invalid dossier: the Office issues a notice of intended refusal and sets 2 months for correction; failure to remedy leads to a decision refusing renewal.
- A dossier is invalid where: documents are missing; fees are underpaid; filing is out of time (beyond the 6-month grace period); or the authorisation for partial renewal lacks the required scope information (Article 109(5)).
- The Office refuses renewal where the title has already been terminated or invalidated at the time of filing or during processing (Article 109(6)).
Note on paper certificates: if after renewal you want the renewal decision recorded on the paper certificate itself, that is done through a separate title-amendment procedure with payment of fees and charges — Article 109(8). You may not annotate the certificate yourself.
Practical tips: partial renewal and multiple certificates
- Partial renewal (Article 109(2)): you may renew for all or only part of the goods/services list. If your business no longer uses the mark for certain goods, renewing only the active part can optimise costs — remember the authorisation must state the corresponding scope.
- One dossier, many certificates (Article 109(3)): a single dossier may request renewal for one or more certificates, which simplifies portfolio management.
Renewal vs maintenance: don’t confuse them
Under Article 94(1) of the Law, maintenance of validity (for patents and utility solutions — annual fees) is different from renewal of validity (for industrial designs and trademarks). Confusing the two is a common error: trademarks are renewed every 10 years, not maintained annually.
Frequently asked questions
Can a trademark be renewed forever?
Yes. Article 93(6) allows renewal for consecutive 10-year periods with no limit on the number of times — as long as each renewal is filed and paid on time.
What if I file 7 months after expiry?
The request will be rejected as filed out of time (beyond the 6-month grace period), and the title terminates automatically from the start of the next validity period.
Does renewal cover international (Madrid) registrations designating Vietnam?
This article covers national certificates under Article 109. Renewal of international trademark registrations follows separate procedures and requires additional research.
Do I need to submit the original paper certificate?
Only if the title was issued in paper form and you want the renewal recorded on the certificate itself. Otherwise, the declaration (Form 02) plus fees and authorisation (if any) suffice.
Sources
- Intellectual Property Law — Consolidated Document 67/VBHN-VPQH (consolidated up to Law 131/2025/QH15, effective 1 April 2026): Articles 93(6), 94(1), 94(2), 94(4), 95(1)(a), 95(2).
- Circular 10/2026/TT-BKHCN (effective 1 April 2026): Article 109.
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.
Don’t let your trademark lapse.
FLAT Law Firm provides renewal deadline monitoring and reminders for your trademark portfolio, prepares the Form 02 declaration and dossier, and handles the entire renewal procedure with the IP Office of Vietnam — including late filings within the grace period and partial renewals. Contact us to audit your portfolio’s expiry dates.
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.