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March 31, 2026

Key Changes for Trademarks under Vietnam’s Amended IP Law

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Vietnam’s most recent amendment of the Law on Intellectual Property (amended IP Law), passed by the National Assembly on December 10, 2025, and effective from April 1, 2026, represents one of the most significant updates to the IP Law in recent years. This amendment modernizes the IP framework, moving a step closer to international standards, while addressing the realities of Vietnam’s booming digital economy, e-commerce growth, and increasing foreign investment, which is crucial for Vietnam’s objective of complete economic transformation.

For trademark practitioners, brand owners, and businesses, the changes are largely positive, as they promise faster processes, stronger enforcement tools—especially for online actions—and better commercialization options. However, they also introduce stricter requirements and a need for proactive preparation. Below are some of the most noteworthy changes in the amended IP Law related to trademarks.

Significantly Shortened Timelines and Introduction of Fast-Track Examination

The statutory timelines under the amended IP Law have been notably reduced:

  • Substantive examination for trademarks is shortened from 9 months to 5 months (from the publication date).
  • The publication period is shortened from 2 months to 1 month.
  • A new fast-track mechanism allows substantive examination in as little as 3 months for qualifying applications (e.g., marks in actual use, facing infringement threats, or meeting government-specified criteria; details to be clarified in implementing regulations).
  • The opposition period is shortened from 5 months to 3 months from publication.

This is arguably the most welcome change. Vietnam’s IP Office has long faced criticism for lengthy backlogs, often stretching the trademark registration process to 18–24 months or more. The new timelines bring Vietnam closer to efficient systems. The fast-track option is particularly smart for high-value or urgent cases such as counterfeit threats on e-commerce platforms.

However, careful preparation is mandatory for flawless applications from the start to maximize fast-track eligibility. Actively monitoring for infringing trademarks in the IP Gazette is also crucial to avoid missing the shorter opposition due date.

Tighter Control of Marks Containing “Vietnam” or National Elements

The amended IP Law has enhanced restrictions on registering marks that include the term “Vietnam” or other national elements. In particular, the newly added Article 74.2.dd1 rules that signs indicating the geographical origin of goods and services in Vietnam are indistinctive, except in cases where such signs have been widely used and recognized as trademarks before the filing date, or where such signs are a constituent element of a distinctive sign registered as a collective trademark or certification trademark.

This means that refusal will be issued for the entire mark containing the element “Vietnam” (if it is not a collective trademark or certification trademark), rather than merely requiring a disclaimer for the “Vietnam” portion as was often the practice in the past.

This protects national branding and prevents abusive registrations, while being a reasonable safeguard in a market where “Vietnam” elements are popular for export-oriented brands. However, it may also increase refusals of legitimate businesses.

Expanded Grounds for Bad-Faith Invalidation

According to Article 100.7 of the amended IP Law, if there is reason to believe that the information in an application is inaccurate or untruthful/dishonest, the IP Office has the authority to withdraw the decision on granting the certificate of registration. Although indirect, this provision helps strengthen control over bad-faith filings, and provides additional an basis to invalidate bad-faith trademarks.

Overall, this change makes the system fairer and less prone to squatting, though proving an element is “untruthful” or “dishonest” may still require strong evidence.

Enhanced Commercialization of Trademarks as Assets

The amended IP Law explicitly encourages the use of IP rights (including trademarks) as capital contribution or collateral for loans and provides a clearer framework for valuation, licensing, and transfer.

In practice, trademarks are often undervalued intangible assets in Vietnam. By treating them as financial tools, the law unlocks new funding avenues for SMEs, such as bank loans secured by strong brands. While this elevates IP from a defensive right to a strategic business asset, it also requires robust valuation standards and risk management, such as assessing validity and encumbrances.

Final Thoughts

The 2025 amendments are a bold, business-friendly reform positioning Vietnam as a more competitive IP jurisdiction, promising faster registration, digital enforcement, and asset commercialization. Businesses ignoring these changes risk delays or lost opportunities in a market where strong brands drive growth. This update reflects Vietnam’s commitment to innovation, e-commerce, and global integration, which is timely and necessary. For those who are managing trademarks in Vietnam, now is the time to adapt and capitalize on these improvements.

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