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Key Trademark Reforms under Vietnam’s 2026 Intellectual Property Law

Key Trademark Reforms under Vietnam’s 2026 Intellectual Property Law

Vietnam’s amended Law on Intellectual Property, which takes effect on 1 April 2026, introduces significant reforms to the country’s trademark system. The amendments are intended to modernize Vietnam’s intellectual property framework, improve administrative efficiency, strengthen brand protection, and support the country’s rapidly growing digital economy and international business environment.

One of the most notable changes is the substantial reduction in trademark examination timelines. The substantive examination period has been shortened from nine months to five months, while the publication period has been reduced from two months to one month. In addition, the amended law introduces a fast-track examination mechanism that may allow eligible trademark applications to be examined in as little as three months. The opposition period has also been shortened from five months to three months. These reforms are expected to significantly reduce registration delays and provide businesses with faster and more predictable protection for their brands.

The amended law also strengthens the protection of national identity by imposing stricter restrictions on trademarks containing the word “Vietnam” or other national elements. Under the new provisions, signs indicating the Vietnamese geographical origin of goods or services are generally considered non-distinctive unless they have acquired distinctiveness through prior use or form part of a registered collective or certification trademark. As a result, applications containing such elements are more likely to face refusal, reinforcing the protection of Vietnam’s national image while discouraging inappropriate trademark registrations.

Another important development is the expansion of measures against bad-faith trademark applications. The amended law authorizes the Intellectual Property Office of Vietnam to revoke registration decisions where information provided during prosecution is found to be inaccurate or dishonest. Although applicants seeking invalidation must still provide convincing evidence, the new provisions strengthen the legal framework for addressing trademark squatting and other abusive filing practices.

The amendments further recognize the growing commercial value of intellectual property by promoting the commercialization of trademarks as business assets. The law provides a clearer legal basis for using trademarks as capital contributions, loan collateral, and transferable commercial assets. This development is expected to improve access to financing, particularly for small and medium-sized enterprises, while encouraging businesses to manage and maximize the value of their trademark portfolios.

Overall, Vietnam’s 2026 trademark reforms represent a significant step toward a faster, more transparent, and business-oriented trademark system. By streamlining registration procedures, strengthening enforcement mechanisms, and enhancing the commercial value of intellectual property, the amendments reinforce Vietnam’s commitment to innovation, digital commerce, and international economic integration. Businesses operating in Vietnam should familiarize themselves with these changes to fully benefit from the new legal framework and effectively protect their brands in an increasingly competitive marketplace.