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Businesses that discover a trademark application in Vietnam that is identical or confusingly similar to their existing brand may oppose its registration before the Intellectual Property Office of Vietnam (IPVN). For trademark applications published from April 1, 2026, the statutory opposition period is three months from publication. The opponent must submit a written objection in Vietnamese, provide evidence supporting the legal grounds, and pay the applicable fees. If the conflicting trademark has already been registered, the appropriate route is generally a request for invalidation rather than opposition. The correct procedure depends on the application’s status, the earlier rights involved, and the available evidence.
When Can a Business Oppose a Trademark Application in Vietnam?
Trademark opposition Vietnam procedures allow third parties to challenge the grant of protection while an application remains pending. Under Article 112a of the Law on Intellectual Property, as amended by Law No. 131/2025/QH15, any third party may oppose a trademark application within three months from its publication for applications covered by the revised rules.
Article 82 of Circular No. 10/2026/TT-BKHCN establishes the procedure for processing trademark objections. The opponent must submit a written objection in Vietnamese, supported by documents or cited information sources, and pay the applicable fees and charges.
The most relevant grounds for businesses with existing trademark rights may include:
- The applied-for mark is identical or confusingly similar to an earlier registered trademark.
- The marks cover identical or related goods or services, creating a material risk of consumer confusion.
- The later application conflicts with the applicable first-to-file principle or other statutory requirements.
- The circumstances support a challenge based on the applicant’s lack of entitlement or bad-faith filing, where the relevant legal conditions are satisfied.
Businesses should assess the complete circumstances rather than rely solely on similarities between two names or logos. The analysis should consider the marks’ overall appearance, pronunciation and meaning, the goods and services involved, the relevant filing or priority dates, and the legal status of the earlier rights.
The current legal framework includes the Law on Intellectual Property as amended by Law No. 131/2025/QH15 and the implementing rules under Circular No. 10/2026/TT-BKHCN.
How to Oppose a Trademark Application in Vietnam
A well-prepared Vietnam trademark opposition submission should explain the legal grounds for the objection and provide evidence sufficient for the IPVN to assess the alleged conflict.
Step 1: Identify the application and calculate the deadline
First, identify the published application, its applicant, the representation of the mark, the goods and services claimed, and the publication date. Use the official IPVN website to locate relevant information and verify the application details.
For applications covered by the revised rules, the trademark opposition deadline is three months from publication. Businesses should record the applicable date immediately and avoid waiting until the deadline approaches. The transitional rules must also be checked for applications published before April 1, 2026.
Step 2: Establish your earlier rights and the grounds for opposition
The opponent should identify the rights or legal grounds relied upon. Relevant evidence may include an earlier trademark registration certificate, an earlier application, official database records, evidence of commercial use, or documents supporting a claim concerning ownership or reputation, depending on the case.
For a similarity-based objection, the submission should explain why the marks are identical or confusingly similar and why the relevant goods or services are identical, similar, or otherwise legally related. A bare assertion that another business has copied the brand may be insufficient without a clear explanation and supporting material.
Step 3: Prepare the written opposition
The submission should identify the opponent and the challenged application, state the grounds for opposition, explain the relevant legal provisions, and include supporting documents or cited information sources.
The evidence should be organized so the authority can understand the earlier rights, the alleged conflict, and the consequences for registrability. Documents in other languages may be submitted where permitted, but translations into Vietnamese must be provided when required by the applicable rules.
Step 4: File the opposition and pay the applicable fees
Submit the objection through an accepted filing channel and comply with the applicable fee and document requirements. Keep proof of submission and payment, together with a complete copy of the materials filed.
The opposition should be prepared as a formal legal submission, not merely as an informal complaint. It should address the statutory grounds and evidence relevant to the specific application.
Step 5: Monitor the proceedings and respond to further developments
Under Article 82 of Circular No. 10/2026/TT-BKHCN, the IPVN generally notifies the applicant of a qualifying objection within one month after receiving it and gives the applicant one month from notification to respond, subject to exceptions under the regulation.
If the applicant responds and the IPVN considers a further reply necessary, the opponent may be given one month from notification to submit written comments. The authority may also organize a dialogue where appropriate or requested by both parties.
These are procedural periods within the opposition process, not a guarantee that the entire dispute will conclude within a fixed time. The objection is generally considered together with the substantive examination, and the outcome is communicated in connection with the examination result. Under the applicable rules, response periods are excluded from the substantive examination period.
Businesses planning their wider Vietnam trademark registration timeline should therefore account for the possibility that opposition proceedings may affect the practical timing of a pending application.
What Happens If the Opposition Concerns the Right to Register?
A distinction is necessary between a dispute over whether two marks are confusingly similar and a dispute over who is legally entitled to register the mark.
Where an opposition specifically concerns the right to register, Article 82(3) of Circular No. 10/2026/TT-BKHCN provides a special procedure. In the circumstances covered by the rule, the IPVN may notify the opponent to initiate proceedings before a competent court and require a copy of the court’s notice accepting the case within two months from the IPVN’s notification.
If the opponent does not provide the required court document within that period, the objection is treated as withdrawn and the trademark application continues to be processed as though no opposition had been filed. If the required document is submitted on time, processing of the application may be suspended pending the court’s decision, subject to the applicable exceptions.
This is particularly important where the dispute concerns the applicant’s entitlement, ownership of the mark, or circumstances involving a competing claim to the right to register. Such cases may require a different strategy from an ordinary objection based on similarity.
Businesses should therefore identify the legal nature of the dispute before filing. Treating every conflict as a simple similarity objection can lead to procedural problems and missed deadlines.
Need help assessing a potential conflict? ASL LAW provides intellectual property services for businesses seeking to assess competing trademark rights, prepare legal submissions, and determine the appropriate response strategy. Explore Vietnam IP Services for information about the available support.
What If the Conflicting Trademark Has Already Been Registered?
Once the IPVN has granted the registration certificate, the ordinary pre-registration opposition procedure is no longer the appropriate route. A business seeking to challenge the registered mark must assess whether it can request invalidation of the protection title or pursue another legally available remedy.
Article 96 of the Law on Intellectual Property governs invalidation. Depending on the circumstances, a trademark may be challenged where the registration failed to satisfy the applicable protection conditions, infringed the first-to-file principle, or was obtained in bad faith.
For example, if a newly registered mark conflicts with an earlier protected trademark, the earlier rights holder may consider requesting invalidation on the applicable legal grounds. The request should identify the challenged registration, explain the basis for invalidation, and provide supporting evidence.
Time limits are important. Under Article 96, the period for requesting invalidation of a trademark on grounds falling within Clause 2 is generally five years from the grant date or the date the international registration became effective in Vietnam. A request based on bad-faith registration is subject to a different rule and may be made throughout the protection term. The relevant ground must therefore be identified before deciding when and how to proceed.
Termination of validity under Article 95 is a separate procedure that may be relevant in cases such as qualifying non-use. It should not be confused with invalidation based on a defect in the registration itself.
Businesses considering the registration of trademark in Vietnam should understand that opposition and invalidation serve different purposes: one seeks to prevent a pending application from receiving protection, while the other challenges an existing protection title.
How Can Businesses Improve Their Chances of a Successful Opposition?
A strong objection depends on the quality of the evidence, the applicable legal grounds, and the way the alleged conflict is explained.
Businesses should begin by obtaining accurate records of the earlier registration or application and the challenged mark. They should verify the respective filing dates, the scope of the goods and services, and the legal status of the relevant rights.
The written submission should then establish the connection between the facts and the legal grounds. If the objection concerns similarity, the analysis should explain the significant similarities and differences between the marks and the relationship between the relevant goods or services. If it concerns ownership or bad faith, the evidence should directly support that particular ground.
Applicants should also consider whether a commercial resolution is appropriate in parallel with the legal procedure. In some cases, discussions about the scope of goods and services, coexistence, or a narrower commercial use may be worth exploring, provided that any proposed arrangement is legally appropriate and adequately protects the business’s interests.
Facing a competing trademark or an existing conflicting registration? A Vietnam trademark lawyer can help assess the available grounds, evidence, deadlines, and procedural options before the business commits to a particular course of action.
Frequently Asked Questions
1. What is the trademark opposition deadline in Vietnam?
For trademark applications published from April 1, 2026, the opposition period is three months from publication. Applications published earlier may be subject to transitional rules, so the publication date and applicable provisions should be checked carefully.
2. What evidence should I submit to oppose a trademark application in Vietnam?
Relevant evidence may include earlier trademark registrations or applications, official records, details of the goods and services, and other documents supporting the legal grounds. The written objection must be in Vietnamese, and cited materials must be supplied or translated as required.
3. Can I oppose a trademark after the three-month deadline?
The formal opposition period may have expired, but if the application has not yet been granted, a third party may be able to submit written observations under Article 112 of the Law on Intellectual Property before the decision to grant. Such observations are treated as reference information and do not have the same procedural status as a formal opposition.
4. Can I oppose a trademark that has already been registered?
Not through the ordinary opposition procedure. Depending on the legal grounds, a business may request invalidation under Article 96 or consider another applicable remedy. The relevant statutory period and supporting evidence should be checked before filing.
5. Does filing an opposition automatically prevent registration?
No. The IPVN assesses the objection alongside the application and the evidence submitted by the parties. The result depends on the applicable legal grounds and the facts of the case.
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].
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