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In the context of the growing demand for brand protection, shortening the processing time for trademark applications has become a major concern for businesses and investors in Vietnam. Decree No. 100/2026/ND-CP introduces new regulations on the fast-track examination of trademark applications, establishing a new legal mechanism to support enterprises in obtaining protection certificates more quickly, particularly in cases necessary for production and business activities or for meeting licensing requirements under the law.
This regulation is expected to enhance the efficiency of intellectual property management and improve the investment and business environment in Vietnam.
Legal Basis for Fast-Track Examination of Trademark Applications
Decree No. 100/2026/ND-CP supplements Article 14a on the fast-track substantive examination of trademark applications, providing specific conditions, procedures, and applicable cases for this mechanism. Accordingly, trademark applications may undergo fast-track substantive examination within the time limit specified in Clause 2a, Article 119 of the Intellectual Property Law if all prescribed conditions are satisfied.
This regulation aims to create a more flexible processing mechanism compared to the standard procedure, enabling organizations and individuals to complete trademark registration procedures more quickly when legal criteria are met.
Conditions for Fast-Track Examination of Trademark Applications
Under the new regulation, trademark applications are eligible for fast-track examination only when they meet specific legal requirements.
First, the trademark must fall into one of two cases: it is used for goods required under legal regulations related to strategic technologies, or it is required as a mandatory condition in registration or licensing dossiers for production and business activities.
Second, the application must be filed directly with the state authority responsible for industrial property rights and does not apply to international applications.
Third, the trademark sign must not fall into special trademark categories such as collective marks, certification marks, three-dimensional marks, or sound marks.
Fourth, in cases where the application covers multiple goods or services, all goods and services must satisfy the legal conditions for fast-track examination.
Finally, the applicant must pay the prescribed fast-track substantive examination fee in accordance with legal regulations.
These conditions indicate that the fast-track mechanism is not applied broadly but is reserved for cases with genuine necessity and clear legal requirements.
Requirements and Timing for Submitting Fast-Track Examination Requests
The new regulation clearly stipulates that the request for fast-track substantive examination must be submitted in writing using the prescribed form.
A notable point is that the fast-track request must be filed simultaneously with the trademark application. This means that applicants cannot request fast-track examination after submitting the application through the standard procedure.
This requirement allows the competent authority to arrange the processing workflow from the beginning and prevents changes in examination requests that could affect the processing timeline.
Cases Where Trademark Applications Are Not Eligible for Fast-Track Examination
Although the fast-track mechanism is available, not all trademark applications will be processed under shortened timelines.
In certain cases, trademark applications will continue to be processed under the standard time frame.
The first case is when the fast-track request does not meet the legal requirements.
The second case is when disputes, complaints, or oppositions arise in relation to register trademark in Vietnam.
The third case is when the trademark sign is identical or similar to a mark in another application with an earlier filing date that has not yet been resolved.
The final case is when the applicant voluntarily amends, supplements, or divides the application after requesting fast-track examination.
These provisions are intended to ensure fairness, transparency, and legal certainty during the examination process.
Impact of the New Regulation on Businesses
The fast-track examination mechanism for trademark applications provides several practical benefits for businesses.
First, enterprises can shorten the waiting time for protection certificates, allowing them to launch products earlier or complete licensing procedures more efficiently.
In addition, obtaining trademark registration certificates more quickly helps reduce legal risks, enhance competitiveness, and increase brand value.
Furthermore, the new regulation contributes to improving the investment environment, particularly for foreign enterprises conducting intellectual property procedures in Vietnam.
Consult with ASL LAW, a registered Vietnam trademark registration agent that provides Vietnam Trademark Registration through top-tier Vietnam trademark lawyer for detailed support.
Conclusion
The new regulation on fast-track examination of trademark applications in Vietnam under Decree No. 100/2026/ND-CP establishes a more flexible and efficient legal mechanism for brand protection. Clear conditions, transparent procedures, and specific submission timing help ensure fairness and improve the effectiveness of intellectual property administration.
Businesses should proactively study the new regulation, prepare complete application dossiers, and submit fast-track examination requests at the appropriate time to fully benefit from this mechanism, thereby register trademark in Vietnam and strengthening business operations in Vietnam.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
