7 Crucial Steps to Appeal Against Trademark Registration Refusal in Vietnam

Introduction

Receiving a trademark registration refusal notice in Vietnam can make you feel unpleasant.

But, that is not the end!

You have the right to appeal against trademark registration refusal in Vietnam, and knowing the right steps can make all the difference.

Foreign companies often encounter unexpected complexities when navigating Vietnam’s trademark laws, potentially jeopardizing their brand protection strategy.

Fortunately, understanding the appeals process clearly and methodically can effectively turn around an initial refusal. This guide walks you through the essentials, answering the of appealing a trademark registration refusal.

Who Can Appeal Against Trademark Registration Refusal in Vietnam?

Any trademark applicant, local or foreign can appeal a trademark registration refusal decision issued by the Intellectual Property Office of Vietnam (IP Vietnam). This includes businesses, individuals, and legal representatives authorized by applicants.

What is an Appeal Against Trademark Registration Refusal in Vietnam?

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10 Essential Insights into Vietnam Trademark Opposition Procedures for Brand Protection

In Vietnam’s rapidly evolving market, protecting your brand’s identity is more crucial than ever. The Vietnam trademark opposition procedures serve as a vital legal mechanism for preventing unauthorized trademark registrations that could harm your business. With the shortened opposition timeframe under Decree 65/2023/ND-CP, businesses must be more proactive in monitoring and challenging conflicting trademarks.

10 Essential Insights into Vietnam Trademark Opposition Procedures for Brand Protection

This article provides a brief guide to Vietnam trademark opposition procedures. Whether you are a business owner, an IP attorney, or a startup looking to safeguard your brand, this guide will help you navigate the trademark opposition landscape effectively.

Claude Chat: How much does it cost to file a trademark opposition?

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Cancellation Against of Trademark in Vietnam

It usually takes a long time and attempts for your company to gain the trust and belief from customers on your goods and trademark. However, if there is any other same trademark of the same goods like yours, it will easily make customer mistake or confuse and lead many damages to your company such as distinguishing capacity, losing reputation and sale decline.

Cancellation Against of Trademark in Vietnam

In fact, many international companies after co-operating with domestic companies to distribute or sell good, find that co-operators steal their trademark by registered trademark protection in National offices intellectual property. Because trademark is protected independently in each nation, it is easy for violators to do steal trademarks.

To protect your rights and benefits, you should request Vietnam IP authority to cancel violated trademark. With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in cancelling against of trademark in Vietnam as follows:

Cancellation of Trademark in Vietnam

Under the Article 96 of the Law on Intellectual Property of Vietnam (IP Law), a certificate of trademark registration may be cancelled wholly or partly, by any third party’s request.

The applicant may request to the National Office of Intellectual Property (NOIP) in written form to cancel protection titles in the cases specified provided that they pay fees and charges.

Period for Filing Request of Cancellation Against of Trademark in Vietnam

To request cancellation of a trademark due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.

To request cancellation of a trademark due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.

The Cases for Cancellation of Trademark in Vietnam

A certificate of trademark registration may be cancelled wholly or partly, by any third party’s request, in the following cases:

The registration applicant has neither had nor been assigned the right to register an invention, industrial design, layout-design or mark;

The subject matter of industrial property fails to satisfy the protection conditions at the time the protection title is granted.

Required Documents for Cancellation of Trademark in Vietnam?

Proofs (if any);

Power of attorney;

Written justification of the reason for request (clearly stating the serial number of the protection title, reason, legal grounds, contents of the request for termination or Cancellation of part of or the entire protection title) and relevant documents.

Time and Procedures for Cancellation of Trademark Protection?

In case a request for cancellation of trademark protection title is made by a third party, the NOIP shall notify in writing the third party’s opinions to the protection title holder, setting a time limit of two months from the date of notification for the trademark protection title holder to respond.

After considering opinions of the parties, the NOIP shall issue a decision on cancellation of part of the entire protection title or notify its refusal to cancellation the trademark protection title.

If disagreeing with the NOIP’s decision on handling of the request for Cancellation of the trademark protection title, the requester or an involved party may lodge a complaint about that decision or the relevant notice.

A decision on cancellation of a trademark protection title shall be published in the Industrial Property Official Gazette and recorded in the National Register of Industrial Property within two months from the date of its signing.

Source ANT Lawyers: Cancellation Against of Trademark in Vietnam

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Working with a Trademark Law Firm in Vietnam to Rebrand Your Business Safely: 8 Essential Steps

Introduction

In business, a new name can open doors, a new logo can bring fresh life into your business, a rebrand can feel like a transformation.

Many foreign companies believe that owning a trademark in their home country protects them everywhere. They design, print, market, and launch, only to discover that someone in Vietnam already registered the same name. Or something that sounds the same. Or looks the same. And that someone now has the legal right to stop your business from using it.

Working with a Trademark Law Firm in Vietnam to Rebrand Your Business Safely: 8 Essential Steps

Vietnam uses a “first-to-file” trademark system. It means the person or company that files the trademark in Vietnam first owns it. Not the one who thought of it first. Not the one who used it first overseas. And certainly not the one who spent more on advertising.

Then before going too far, check with a trademark law firm in Vietnam to ensure you could register the trademark for the products or services. They bring local legal knowledge; help you secure your brand. You could then rebrand your business safely.

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5 Key Insights into the Vietnam Intellectual Property Law Amendments: What Businesses Must Prepare For

 Introduction

Vietnam Intellectual Property Law amendments have long been expected.

Why?

For sometime, we have seen clients’ feedback on the delay of the procedures i.e. registration of IP rights, refusal to possible IP violations. Many times, we come across clients feeling hopeless seeking solutions to enforcement of violations of IP rights.

Now, it seems Vietnam is moving into a critical reform period, and one of the most consequential developments is the upcoming Vietnam Intellectual Property Law amendments. This revision cycle is broader than the amendments of 2009, 2019, and 2022. It reflects Vietnam’s economic transformation and the State’s intention to strengthen innovation capacity, align with international commitments, and respond to rapid changes in the digital economy.

The process is already in motion. On October 27th, 2025, the Government formally submitted the Draft Law amending and supplementing a number of articles of the Intellectual Property Law to the National Assembly. The National Assembly then held a plenary debate on November 24th, 2025, focusing on valuation of intellectual property, digital content protection, enforcement mechanisms, and compliance with FTAs such as CPTPP, EVFTA, and RCEP.

Based on legislative procedure timelines and the level of consensus expressed at the November debate, the amendments are realistically positioned for adoption in late 2026, with expected effect from 2027 once implementing decrees and circulars are issued.

In here, we discuss the overview grounded in official records, legal logic, and policy direction for businesses planning ahead.

IP Must Shift from Protection to Asset Value

Vietnam’s Ministry of Science and Technology (MOST) made it clear in the dossier submitted with the draft that IP must evolve from a passive certificate into an active economic asset.

This aligns with the Government’s strategic orientation to develop a market for science and technology, where the Vietnam Intellectual Property Law amendments will have a key role.

• IP can be valued,
• used as collateral,
• contributed as capital, and
• commercialised across industries.

The draft law calls for:

• Legal recognition of IP valuation,
• A national IP transaction and valuation database,
• More transparent licensing and transfer mechanisms,
• Clear principles for using IP as security in financial transactions.

This is a direct response to the challenges raised by innovators, investors, and enterprises who face difficulties converting IP assets into financial value under the existing framework.

The Digital Economy Requires Modern, Technology-Aligned IP Rules

During November 24th, 2025 National Assembly debate, delegates raised practical concerns regarding digital content, online distribution, and AI-generated materials. Multiple lawmakers noted that the existing law does not adequately address:

• Redistribution of news content on digital platforms
• Platform liability for hosting copyrighted content
• Automated reproduction through algorithms
• AI-generated content that may infringe rights
• Cross-border streaming and digital licensing models

The draft introduces provisions that strengthen digital copyright enforcement and clarify obligations for platforms, intermediaries, and organisations deploying AI-driven content systems.

These changes aim to protect creators, media agencies, and technology companies in a rapidly evolving digital environment.

Enforcement Must Be More Predictable and Harmonised

Reports submitted to the National Assembly’s Committee for Legal Affairs and Committee for Science, Technology and Environment highlighted inconsistencies across administrative, civil, and criminal enforcement channels.

Key issues included:

• Overlapping sanctions
• Limited deterrence for large-scale infringement
• Lack of coordination between market authorities, police, and courts
• Insufficient tools for border enforcement

The amendments seek to:

• Clarify enforcement pathways
• Harmonise administrative and civil remedies
• Strengthen border measures
• Enhance coordination between enforcement agencies

These reforms respond directly to long-standing concerns raised by domestic enterprises and foreign investors about the predictability of IP enforcement in Vietnam.

Vietnam Must Align with Its International Commitments

Vietnam’s participation in FTAs such as CPTPP, EVFTA, and RCEP obligates the country to elevate its IP regime to international standards.

The Government’s explanatory report accompanying the draft law highlighted several areas requiring alignment:

• Border control against infringing imports
• Digital-era copyright protections
• Limitation of liability for online intermediaries
• Fair and transparent licensing practices
• Protection of confidential information and trade secrets

Strengthening these rules helps Vietnam meet treaty obligations while enhancing investor confidence and supporting cross-border licensing, franchising, OEM/ODM manufacturing, and technology transfer.

Registration, Procedures, and Compliance Will Become Simpler and Clearer

Feedback from consultations conducted by the Government in mid-2025 consistently emphasised the need for procedural reforms.

Key areas of simplification proposed in the draft include:

• Shorter IP registration timelines
• More transparent opposition and invalidation procedures
• Easier renewal and recordal processes
• Greater accessibility for SMEs and foreign investors

These improvements are expected to reduce compliance burdens and support enterprises seeking faster and more reliable IP protection.

Step-by-Step Guide for Businesses Preparing for the Vietnam Intellectual Property Law Amendments

A structured preparation plan allows businesses to align internal systems early and minimise risk when the Vietnam Intellectual Property Law amendments come into force.

Step 1: Conduct an internal IP audit

Identify registered and unregistered assets: trademarks, software, databases, confidential information, and creative works.

Step 2: Assess which assets can be monetised or valued

Prioritise assets with licensing potential, market reach, or financial relevance.

Step 3: Strengthen internal IP governance

Clarify employee IP ownership, contractor obligations, and digital content review processes.

Step 4: Update all IP-related contracts

Adjust licensing, outsourcing, manufacturing, franchising, technology transfer, and platform agreements to reflect new obligations.

Step 5: Implement digital and AI compliance mechanisms

Ensure safe use of copyrighted content, establish AI content screening, and protect data and trade secrets.

Step 6: Track the legislative process through 2026

Monitor draft revisions, NA discussions, implementing regulations, and official guidance.

Conclusion

The Vietnam Intellectual Property Law amendments reflect a deliberate shift in Vietnam’s economic strategy: building an innovation-driven, digitally resilient, internationally aligned IP regime. With the draft already submitted to the National Assembly on October 27th, 2025, debated publicly on November 24th, 2025, and positioned for adoption in late 2026, businesses have a clear timeframe to prepare.

For enterprises, this reform is not merely a legal adjustment. It is an opportunity to strengthen valuation, commercialisation, compliance, and digital governance frameworks, ultimately turning intellectual property into a meaningful and strategic asset.

Source ANT Lawyers: 5 Key Insights into the Vietnam Intellectual Property Law Amendments: What Businesses Must Prepare For

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Trademark protection in Vietnam? How does it work?

Trademark Protection in Vietnam

How to protect trademark in Vietnam?

Trademark protection in Vietnam is initially obtained through trademark registration. Trademark opposition could be filed to prevent a pending application for a mark from being granted application. Litigation is the final measure to handle dispute during trademark protection in Vietnam.

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer. A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.

Trademark violation in Vietnam

The annual reports of the Vietnam National Office of Intellectual Property (NOIP) prove that trademark violation in Vietnam is the most popular, among other industrial property rights. According to the preliminary annual report in 2011, and 2012, there has been more than 1,000 cases of trademark violations each year. Report of 2013 and after shows more than 2,000 trademark infringements were handled with the total fines of trademark violators of around USD 1 million per year.

How to register trademark in Vietnam?

Having said that, it is important for trademark owner to register trademarks in Vietnam for better protection.  This is also suggested for even well-known trademarks.

For registration, the trademark owner has two options:

1. Directly register trademark in Vietnam by filling an application for registration with the Vietnam NOIP,

2. Seek the trademark protection in Vietnam through Madrid’s system.

For the first option, the trademark owner needs to prepare, file for registration, and pay fee as the requirement of Vietnam Intellectual Property law. In case trademark needs to be protected in a number of nations, including Vietnam, trademark owner may register trademark through Madrid’s system.

How to handle trademark infringement in Vietnam?

Where the violation of trademark occurs, trademark owner needs to judge the level of infringement, level of damage to choose suitable resolutions. Initially, the trademark owner may protect by requiring to the trademark violator to terminate the infringing acts, apologize, and rectify. In case of being damaged, trademark owners have rights to claim compensation. If failing to reach result, trademark owner may use settlement mechanism through negotiation or mediation or could request the competent state agencies to handle acts of infringement through i.e. filling a denunciation application and submitting to the Vietnam NOIP.

Litigation might be required to handle acts of infringement. Generally, the proceeding of civil litigation is more complex than the arbitration proceeding. In cases the trademark owner needs a decision from court in order to end trademark infringement, civil litigation is top priority. In the remaining cases, arbitration is a better choice with advantages of cheaper cost, shorter settling time, and more flexible.

Source ANT Lawyers: Trademark protection in Vietnam? How does it work?

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Trademark Opposition in Vietnam: 10 Critical Facts Every Foreign Business Must Know to Protect Your Brand

Safeguard Your Business Legacy in Vietnam

Imagine the situation that your business has successfully entered Vietnam’s vibrant market. Your products or services are gaining traction, your brand is becoming recognized, and your future in the region looks bright.

But one day, you discover a competitor, or worse, an opportunist, has filed a trademark application that resembles your brand too closely. If left unchecked, this could lead to customer confusion, brand dilution, and a tarnished reputation.

Trademark disputes in Vietnam are not just frustrating; they can be devastating to your business. Fortunately, trademark opposition in Vietnam offers a critical lifeline to safeguard your intellectual property. In here, we will uncover the 10 most crucial aspects of trademark opposition in Vietnam, empowering you to act decisively and protect your business legacy.

Understanding Trademark Opposition in Vietnam

Vietnam’s dynamic business environment has made it a hub for foreign investors. However, its first-to-file trademark system demands vigilance to prevent others from unfairly benefiting from your brand. Here’s what you need to know about trademark opposition in Vietnam:

What is Trademark Opposition in Vietnam?

Trademark opposition in Vietnam is a legal procedure that allows third parties to challenge a trademark application before it is officially registered. In Vietnam, this process is administered by the National Office of Intellectual Property (NOIP).

This system is particularly vital for foreign businesses, as it provides a structured mechanism to prevent potential infringement, even if the trademark has yet to be fully registered.

Why is Trademark Opposition in Vietnam Important for Foreigners?

Vietnam’s first-to-file system means whoever registers a trademark first generally has the upper hand, regardless of actual use. This system can pose challenges for foreign businesses, especially those who have not registered their marks in Vietnam but are already operating under a recognizable brand.

Trademark opposition in Vietnam enables foreign companies to:

• Prevent registration of conflicting trademarks.
• Protect well-known marks, even if unregistered in Vietnam.
• Combat bad-faith filings by opportunists seeking to exploit your brand.

The Step-by-Step Guide to Trademark Opposition in Vietnam

To ensure success, it’s essential to understand the procedural nuances of the process of trademark opposition in Vietnam.

1. Who Can File a Trademark Opposition?

Any individual or organization, foreign or domestic, can file an opposition. You do not need to be directly affected by the trademark to raise concerns. This broad eligibility empowers foreign businesses to act proactively.

2. Grounds for Filing an Opposition

The NOIP allows oppositions on several grounds, including:

• Conflict with existing trademarks: If the application is identical or confusingly similar to your registered or well-known trademark.
• Bad faith: When the application was filed with malicious intent, such as capitalizing on your brand’s reputation.
• Lack of distinctiveness: If the applied-for mark fails to meet distinctiveness requirements.
• Similarity to trade names: If the mark conflicts with an established trade name in Vietnam.
• Violation of public interest or morality: Marks that are deceptive, misleading, or contrary to public policy.

3. When to File a Trademark Opposition?

Timing is critical in trademark opposition in Vietnam. Once a trademark application is published in the Industrial Property Official Gazette, interested parties have five months to file an opposition. Missing this deadline could mean losing your chance to challenge the mark.

How the Opposition Process Works in Vietnam

1. Filing a Trademark Opposition

The process begins with submitting a written opposition to the NOIP. This submission must include:

• A detailed explanation of the grounds for opposition.
• Supporting evidence, such as trademark registrations, proof of use, or documentation of well-known status.
• Payment of the required filing fee.

2. What Happens After Submission?

• Notification to the Applicant: The NOIP informs the trademark applicant about the opposition and allows them two months to respond.
• Review by the NOIP: The office examines all arguments and evidence before rendering a decision.
• Potential for Rebuttal: In some cases, the opposing party may be allowed to submit additional responses or clarifications.

3. The Outcome: What to Expect

The NOIP’s decision could:

• Reject the application entirely.
• Approve the application with limitations (e.g., restricted goods or services).
• Uphold the application if the opposition lacks sufficient grounds.

If either party disagrees with the NOIP’s decision, the matter can escalate to administrative appeals or court proceedings.

Common Challenges for Foreign Businesses

1. Language Barriers and Legal Representation

All opposition documents must be submitted in Vietnamese. For foreign businesses unfamiliar with local legal practices, hiring experienced Vietnamese IP attorneys is essential. These experts ensure accurate translations and compliance with procedural requirements.

2. Bad-Faith Filings in Vietnam

Bad-faith trademark applications are a persistent issue. Opportunists may try to register trademarks identical or similar to well-known foreign brands. While Vietnam’s laws provide mechanisms to combat such filings, opposing them effectively requires strong evidence and legal expertise.

Practical Advice for Foreign Businesses

1. Monitor Trademark Publications

Foreign businesses should regularly monitor the Industrial Property Official Gazette to identify potentially conflicting applications early.

2. Act Decisively

Don’t wait for issues to escalate. Filing a timely opposition strengthens your position and reduces the risk of lengthy disputes.

3. Partner with Local Experts

Vietnam’s trademark system can be complex. Collaborating with local IP attorneys ensures you navigate the opposition process smoothly.

4. Prepare Strong Evidence

Evidence is the cornerstone of a successful opposition. Gather documentation, including:

• Trademark certificates.
• Proof of brand recognition (e.g., advertisements, sales data).
• Evidence of bad faith (e.g., previous similar applications by the same applicant).

Why Trademark Opposition in Vietnam Matters to Your Brand?

Think about trademark being more than just a name or logo what differentiate your business recogniztion brand from others.  Losing control of it can have far-reaching consequences, from customer confusion to financial losses. Through trademark opposition in Vietnam, foreign businesses gain a vital tool to:

• Protect their reputation.
• Prevent misuse of their intellectual property.
• Secure their market presence in Vietnam.

Frequently Asked Questions (FAQs)

Q1: Can I oppose a trademark if my own mark is unregistered in Vietnam?

Yes, but you’ll need to prove your mark is well-known or previously used in Vietnam.

Q2: How much does it cost to file a trademark opposition?

It all depends on many factors hence it is important to const with IP lawyers in Vietnam to estimate costs.

Q3: What happens if I miss the opposition deadline?

You can still submit observations, but these carry less procedural weight than a formal opposition.

Q4: Can I appeal the NOIP’s decision?

Yes, you can appeal administratively or escalate the matter to court if necessary.

Q5: How long does the opposition process take?

The timeline varies but typically ranges from several months to over a year, depending on the case’s complexity.

Looking Ahead: Protect Your Business Legacy Today

The Vietnamese market is ripe with opportunity, but safeguarding your intellectual property requires vigilance and action.

The trademark opposition process in Vietnam provides a powerful mechanism to protect your brand from infringement and misuse.

By understanding the system, acting promptly, and collaborating with local experts, you can ensure your business remains secure in this promising market.

Source ANT Lawyers: Trademark Opposition in Vietnam: 10 Critical Facts Every Foreign Business Must Know to Protect Your Brand

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