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Vietnam Trademark Docketing: Why 6 Deadlines Reset on 1 April 2026

Vietnam trademark docketing timeline showing the ten-year term from the filing date, the three-month opposition window and the six-month renewal window

Table of Contents

On 1 April 2026 Vietnam shortened its trademark opposition window from five months to three, cut substantive examination from nine months to five, and abolished the Notice of Acceptance that many systems used as a trigger. Almost every page still ranking for Vietnamese trademark deadlines was written for the 2023 regime and quotes the superseded figures. This is a working note on Vietnam trademark docketing: which article sets which clock, why the response period now depends on filing route, and the five checks that find a mis-anchored Vietnamese record in half an hour.

Why Vietnam Trademark Docketing Was Reset on 1 April 2026

Why Vietnam Trademark Docketing Was Reset on 1 April 2026 — Vietnam trademark docketing
Photo: File:12th Man trademark slogan at Kyle Field, Texas A&M.jpg by Kipp Jones from Atlanta, US (CC BY-SA 2.0)

Most jurisdictional changes move one date. Vietnam moved six at once.

On 10 December 2025 the National Assembly issued Law No. 131/2025/QH15, amending and supplementing the Law on Intellectual Property. It came into force on 1 April 2026, together with its two implementing instruments, Decree No. 100/2026/ND-CP and Circular No. 10/2026/TT-BKHCN. Between them they shortened the opposition window, shortened substantive examination, shortened publication, shortened the response period to a provisional refusal, shortened the grant-fee window, and abolished the procedural notice that most docketing systems were using as a trigger.

That last item is the one that breaks records silently. A shortened deadline produces a visible miss. A deleted trigger produces a deadline that is never created at all.

Nothing below is a transitional courtesy. The amended periods apply to the procedural steps taken after 1 April 2026, which means a single Vietnamese file can carry a publication date computed under the old rule and an opposition date computed under the new one. Vietnam trademark docketing therefore needs the rule version recorded against each stored date, not against the matter.

The Three Instruments, and Which One Holds Which Deadline

The Three Instruments, and Which One Holds Which Deadline — Vietnam trademark docketing
Photo: Carron Company trademark by Kim Traynor (CC BY-SA 3.0)

Vietnamese IP procedure is split across a statute, a decree and a circular, and the three do not carry the same kinds of dates. Reading only the Law gets you about half the docketing picture.

InstrumentIn forceWhat it governs for docketing
Law No. 131/2025/QH151 April 2026Statutory periods: opposition, substantive examination, publication, term, grounds of termination
Decree No. 100/2026/ND-CP1 April 2026Procedural detail delegated by the Law
Circular No. 10/2026/TT-BKHCN1 April 2026Response periods, grant-fee window, renewal mechanics, genuine-use evidence standards

The pattern matters because the amended Law repeatedly delegates. Article 94 now says only that fees and procedures for maintenance and renewal “shall comply with the law on fees and charges” and that the Minister of Science and Technology shall provide the procedures. The renewal window is therefore not in the statute you are reading. It is in the Circular.

For Vietnam trademark docketing that means a citation field pointing at the Law alone is not auditable. Each stored deadline needs its own authority, because the three instruments can be amended independently and on different dates.

One naming note for records that cite authority. IP Vietnam, the Intellectual Property Office of Viet Nam, sits under the Ministry of Science and Technology, which is the ministry the amended Law repeatedly delegates to. Vietnam trademark docketing references to “NOIP”, the office’s former designation, are still common in older files and should be normalised so that authority lookups resolve.

Article 93.6: The Ten-Year Term Runs From the Filing Date

Article 93.6: The Ten-Year Term Runs From the Filing Date — Vietnam trademark docketing
Photo: United States Patent and Trademark Office, San Jose City Hall, San Jose, California by Minh Nguyen (CC BY-SA 4.0)

The anchor did not change in 2026, and it is the first thing to verify in an inherited record.

Under Article 93.6 of the IP Law, a trademark registration certificate is valid from the grant date until the end of ten years from the filing date, and may be renewed indefinitely in consecutive ten-year terms.

Two dates, one term. The right to exclude begins at grant; the clock began at filing. Everything between filing and grant is consumed by the first ten-year term rather than added to it.

This is the opposite of the US convention, where the §8 and §9 windows are measured from the registration date. A record built on US assumptions and populated with Vietnamese data will compute every Vietnamese expiry late by the entire length of prosecution.

Under the old nine-month examination period that error was commonly two years or more. Under the new five-month period it shrinks, but it does not disappear, and it still runs the wrong way: late, not early.

There is a second-order effect worth noting. Because the term runs from filing, a successful priority claim or a corrected filing date changes every downstream renewal date on the file. Vietnam trademark docketing has to treat the filing date as mutable until prosecution closes, and recompute rather than store the expiry as a flat value.

What the Pages Currently Ranking Still Say

This is not a criticism of the authors. It is a dating problem, and it is the reason to check rather than copy.

Vietnam has changed its trademark opposition period twice in three years. It was nine months from publication under the pre-2023 regime. The 2022 amendments, effective 1 January 2023, cut it to five months. Law 131/2025/QH15 cut it again, to three months, with effect from 1 April 2026.

Firm commentary describing the five-month window was accurate when it was published in 2023 and is still indexed, still well-linked and still ranking. Very little of it carries a visible “as at” date in the body text. A docketing clerk who searches the figure and finds a reputable international firm stating five months has no signal that the page describes a superseded regime.

The practical rule: for Vietnam, never take a deadline figure from a secondary page without checking its date against 1 April 2026.

The same dating problem affects the examination figure. Guides written before April 2026 describe substantive examination as taking up to nine months, which was accurate, and firms quoting that period to clients are now over-forecasting by four months. For Vietnam trademark docketing the practical risk is the reverse of a missed deadline: reminders calibrated to a nine-month wait fire after the office action has already issued.

Article 112a(1)(b): Opposition Is Now Three Months From Publication

Article 112a(1) of the amended Law sets the opposition periods directly. Point (b) reads:

“3 months from the date of publication of an industrial design application, trademark application or geographical indication application.”

Point (a) of the same clause sets the patent figure at six months from publication, or three months where the invention application is subject to accelerated substantive examination under Article 119(2a). A single “Vietnam opposition” field cannot hold both; patents and trademarks now run on different clocks within the same statute.

The trigger is the publication date, not the filing date, not the acceptance date and not the date a watch service reports the mark. Watch notices arrive days to weeks after publication, and that lag is now a material fraction of a three-month window rather than a rounding error in a nine-month one.

One further point on computation. The period is expressed in months, so it lands on the corresponding day number of the third month rather than after a count of days. Vietnam trademark docketing should store the trigger date and the unit separately, because a ninety-day approximation can fall short of a three-month period by up to two days depending on which months it spans.

The Opposition Figure Table: Nine, Five, Three

Because the figure changed twice, an inherited Vietnamese portfolio can legitimately contain records computed under three different rules. The table is the audit tool.

RegimeIn forceTrademark oppositionPatent opposition
Pre-2023to 31 Dec 20229 months from publication9 months from publication
2022 amendments1 Jan 2023 – 31 Mar 20265 months from publication9 months from publication
Law 131/2025/QH15from 1 Apr 20263 months from publication6 months, or 3 if accelerated

One caution about the middle row. When the five-month window came in, IP Vietnam was reported to be applying it to applications filed before 1 January 2023 as well, which practitioners objected to. Whatever the merits of that, the lesson for a docket is that a Vietnamese transitional rule may be applied by reference to the date of the office action rather than the date of filing. Store the figure you were actually given, with its source notice, rather than one your engine derives.

Third-Party Opinions: What the Window Closing Actually Costs

Missing the Vietnamese opposition window does not end your ability to write to IP Vietnam. It ends your ability to be answered.

A submission filed after the statutory period is not treated as an opposition. It is received as a third-party opinion, and a third-party opinion carries no entitlement to a substantive response from the examiner. The material may be considered; you will not be told whether it was.

For docketing purposes that converts the opposition date from a soft target into a genuine drop-dead date, and it changes what the diary entry has to say. “Opposition deadline” invites an extension request. There is no extension available here. The entry should read as a cut-off, because after it the only remaining routes are invalidation or non-use cancellation, both of which are separate proceedings with their own costs.

That asymmetry argues for pulling the internal instruction deadline well forward of the statutory one. Where a US opposition can be held open by a stepped series of extension requests, Vietnam trademark docketing has a single date and no recovery mechanism, so the reminder ladder in front of it carries all of the slack the jurisdiction allows.

Article 110(3): Publication Within One Month of Formal Validity

Because opposition is measured from publication, publication timing is now a docketing input rather than a curiosity.

Article 110(3) as amended requires a trademark application to be published within one month from the date on which the application is considered valid. The previous rule was two months from the acceptance date.

Article 110(1a) adds that a trademark application “shall be disclosed immediately after it is accepted”, and IP Vietnam publishes weekly lists on its portal. Disclosure and publication are not the same event, and only the second one starts the opposition clock.

The consequence for a watch programme is that marks become visible earlier than they become opposable, and then the window on them is shorter. If your watch report and your docket both key on “first seen”, you will compute the opposition deadline from the wrong event.

In workflow terms the two events should be stored as two fields. Disclosure tells a watch programme that a conflicting mark exists; publication tells Vietnam trademark docketing that a clock has started. Collapsing them into one field produces opposition deadlines that are either early, which is merely wasteful, or late, which is fatal.

Article 109: The Notice of Acceptance Is Gone

This is the deleted trigger, and it deserves its own section because nothing in a shortened-deadline summary will flag it.

Under the old procedure IP Vietnam issued a formal Notification or Decision on the Acceptance of a Valid Application. Many systems docketed Vietnamese publication and opposition dates from the receipt of that document, because it was the first dated paper in the file.

Article 109(4) as amended removes the step. An application that does not fall within the refusal grounds “shall be considered formally valid” and proceeds automatically to publication and substantive examination. The Law then defines the anchor expressly: “The date on which the application is transferred for publication is the date on which the application is considered formally valid.”

So the paper that used to arrive no longer arrives, and a record that waits for it waits forever. The replacement signal is the Gazette, which has to be monitored rather than received. A docket that cannot be driven by a pull from the published record now has a gap in the Vietnamese chain.

Practically, this is the one change that justifies a sweep of existing files rather than a configuration update. Any Vietnamese matter filed before April 2026 and still showing “awaiting acceptance” should be checked against the Gazette directly. Vietnam trademark docketing cannot infer the formal-validity date from correspondence that the Office no longer generates.

Article 109(5): A Formally Invalid Application Is Deemed Never Filed

One sentence in Article 109(5) carries a disproportionate amount of docketing consequence:

“An invention application, industrial design application or trademark application refused a title of protection because it is not formally valid shall be deemed not to have been filed, but may be used as a basis for claiming priority rights.”

Read both halves. The application is deemed never filed — so there is no pending matter, no publication, no opposition window and nothing to prosecute. But it may still support a priority claim.

That is a status your docket probably cannot express. “Abandoned” is wrong, because a priority right survives. “Pending” is wrong, because nothing is pending. The record needs a distinct status that keeps the priority date live as a computation anchor for the twelve-month Paris window while showing no Vietnamese prosecution deadlines at all.

Get this wrong in the permissive direction and you keep diarising examination dates on a file that does not exist. Get it wrong in the restrictive direction and you close the file, lose the priority date, and refile outside the Paris year.

Article 119(2)(b): Substantive Examination Within Five Months

Article 119(2) as amended sets the examination periods. Point (b) covers trademarks:

“For trademarks, industrial designs and geographical indications: within 5 months from the date of publication of the application.”

The previous period was up to nine months. For inventions, point (a) sets twelve months from publication, or from receipt of the request for substantive examination where that request is filed after publication.

A compressed examination period is good news for applicants and a workload problem for docketing, because the interval between publication and the first office action now overlaps the opposition window instead of following it. Under the old timings an opposition was usually resolved, or at least filed, before examination produced anything. At three months and five months respectively, both can be live in the same quarter on the same file.

The overlap has a staffing consequence as much as a systems one. Where the old sequence let one person handle opposition and another pick up examination months later, Vietnam trademark docketing now produces both workstreams on the same file inside a single quarter, and the reporting letters have to be coordinated so the client is not asked for instructions twice in a fortnight.

Article 119(2a): Accelerated Examination in Three Months

New clause 2a introduces accelerated substantive examination, available for invention and trademark applications in cases prescribed by the Government. Where granted, the examination is carried out within three months of the point fixed by clause 2.

This is a conditional deadline, which is the kind docketing systems handle worst. It does not apply by default, it depends on an accepted request, and it changes a date that is already stored. The field has to be a flag that recomputes the dependent date, not a note.

There is a knock-on effect on the patent side worth recording even in a trademark docket: for inventions, accepting accelerated examination also cuts the opposition window from six months to three under Article 112a(1)(a). Speeding up your own file shortens the period in which third parties can oppose it, which is a strategic input rather than an administrative one.

Two Months to Answer a Provisional Refusal on the National Route

The response period is in the Circular, not the Law, and it moved.

Under the 1 April 2026 package the time limit to reply to a substantive examination notification or provisional refusal on the national route was reduced from three months to two months.

A one-third reduction in a response period is not just a diary change. It changes the internal workflow that has to sit in front of the deadline: the reporting letter to the client, the instruction deadline, the agent-instruction deadline and the translation turnaround all have to fit inside two months rather than three.

A docket that stores only the official date and leaves the internal milestones to habit will pass the audit and still miss the deadline, because the habit was calibrated to three months. The reminder ladder in front of the date needs recalibrating alongside the date itself — the same discipline covered in our trademark docketing best practices.

It is also worth checking what the shortened period does to any standing authority on the file. Where a client has given blanket instructions to respond to formal objections but to revert on substantive ones, Vietnam trademark docketing has two months in which to obtain a decision that previously had three, and powers of attorney or written authorisations that need to be put in place first now consume a larger share of the window.

Three Months for Madrid Designations: The Split That Mirrors §66(a)

Here is the detail that is missing from every general Vietnam guide, and it is the single most useful line in this article for anyone running a mixed portfolio.

The reduction to two months applies to the national route. For international registrations designating Vietnam under the Madrid system, the period for responding to a provisional refusal remains three months.

So Vietnam now has two office-action clocks, and which one applies depends on the filing route rather than on anything visible in the mark itself.

Anyone who dockets the United States will recognise the shape immediately. The US examination response period is three months with one three-month extension for applications under §1 and/or §44, but six months with no extension for applications under §66(a), the Madrid extension of protection. Two jurisdictions, same structural choice: the Madrid route gets the longer clock, because the Office is answering to WIPO’s refusal timetable rather than its own.

The docketing implication is identical in both countries. Filing basis is a deadline input. If the route is stored as reference data rather than as a field the rules engine reads, both clocks will be computed from whichever default the system was configured with, and one of the two populations will be wrong every time.

There is a reporting consequence too. A client with both a national Vietnamese filing and a Madrid designation covering Vietnam will receive two provisional refusals with different deadlines, and the shorter one is on the file they are most likely to think of as the local one. Vietnam trademark docketing should surface the route on the face of the reminder, not just in the record.

Vietnam Trademark Docketing vs the Matching US Clocks

The comparison is worth laying out because the two systems differ on almost every axis a docketing record cares about, and a single global template will not fit both.

Docketing questionVietnamUnited States
Term anchorFiling date (Art 93.6)Registration date
Term length10 years, renewable indefinitely10 years, renewable indefinitely
Mid-term use filingNone§8 declaration, years 5–6
Renewal filing6 months before expiryCombined §8 and §9, years 9–10, then every 10 years
Grace period6 months, +10% of the renewal fee per month late6 months, additional fee
Optional strengthening filingNone§15 incontestability
Opposition period3 months from publication30 days from publication, extendable
Examination response — national route2 months3 months, one 3-month extension (§1/§44)
Examination response — Madrid route3 months6 months, no extension (§66(a))
Non-use exposure5 consecutive years (Art 95(1)(d))3 years’ non-use is prima facie abandonment

Read the two response-route rows together. They are the reason a Vietnamese file and a US file on the same mark can have office actions issued in the same week with deadlines four months apart.

Renewal: Six Months Before, Six Months After

Renewal is where most of the money is lost, and the Vietnamese window is narrow at both ends.

A renewal request must be filed within the six months before the expiry of the current term. Late renewal is possible for a further six months after expiry on payment of a surcharge, which runs at an additional 10% of the renewal fee for each month of delay. Processing of a valid renewal dossier takes about one month.

Three distinct dates, not one: window opens, window closes, grace expires. A record that stores only the expiry date cannot tell a paralegal whether the file is early, on time, late-but-saveable or gone, and those four states carry four different fee calculations.

Note also what the window does not allow. There is no early renewal in Vietnam beyond the six-month pre-expiry window, so a portfolio-wide “renew everything in this batch” instruction will be rejected for any mark whose window has not opened. This is the same constraint we flagged for Thailand trademark docketing, where early filing is likewise not available.

Because the term is anchored to filing, the renewal window opens nine years and six months after the filing date rather than after registration. Vietnam trademark docketing can therefore compute every renewal window at the moment of filing, years before a certificate issues — which is the strongest argument for capturing the filing date as a computation anchor on day one.

The 10% Monthly Surcharge Is Not a Rollover

A grace period and a deadline rollover are different mechanisms, and conflating them is a common configuration error.

A rollover moves a deadline that falls on a non-working day to the next working day, at no cost. The Vietnamese grace period is a separate statutory window with its own fee consequence, and the fee escalates monthly rather than being charged once.

Because the surcharge is per month of delay, the cost of a late Vietnamese renewal is a function of when in the grace period you file, which means the grace period needs internal milestones of its own if the client is paying the surcharge. A single “grace expires” date tells you the mark is still saveable but not that waiting another three weeks costs another 10%.

Store the surcharge rate on the record. A paralegal asked to quote the cost of reviving a lapsed Vietnamese mark should not have to look it up.

Article 95(1)(d): Five Consecutive Years of Non-Use

Vietnam has no periodic use filing, so the use obligation surfaces only when somebody attacks the mark.

Under Article 95(1)(d) a registration may be terminated where the mark has not been used for the registered goods or services for a continuous period of five years without due cause. In practice a request is available against a mark that has been registered for more than five years, and the five-year period examined is the one immediately preceding the request.

Circular 10/2026/TT-BKHCN now also clarifies the standard of genuine use and the evidence needed to resist such a request, emphasising use that is continuous, commercial in nature and publicly visible in the Vietnamese market for the registered goods or services.

The docketing consequence is that evidence has a shelf life. Because the window examined is the five years before the request, and the request can come at any time, there is no date on which use evidence can be filed and forgotten. Last-documented-use has to be stored per class and reviewed on a cycle, rather than captured once at registration.

The evidence requirement also cuts across classes. A mark used heavily in one class and not at all in another is vulnerable in the second, and a partial termination leaves the registration alive with a narrower specification. Vietnam trademark docketing should hold last-documented-use at class level so that the exposure can be reported per class rather than per mark.

Vietnam Has No Section 8: There Is Nothing to Diarise Mid-Term

This is a true negative, and true negatives belong in a docket explicitly.

There is no Vietnamese equivalent of the US §8 declaration of continued use, no affidavit due in years five to six, and no periodic filing between grant and renewal. Between the grant date and the opening of the renewal window, a Vietnamese registration generates no proactive deadlines at all.

An empty field and a field that is empty because the obligation does not exist look identical in most systems, and they are audited very differently. One is a gap; the other is a finding. Record “no mid-term use filing — jurisdiction has no §8 analogue” against the jurisdiction so that the next person to review the file does not open an investigation into a missing affidavit.

The same convention is worth applying across a portfolio. Several ASEAN jurisdictions sit the same way, including Singapore trademark docketing and Indonesia trademark docketing, where the absence of a periodic use filing is likewise a positive fact rather than missing data.

The quiet period is longer than it first appears. With no mid-term filing and a renewal window that opens nine and a half years after filing, a granted Vietnamese registration can generate no action for the better part of a decade. Vietnam trademark docketing should schedule a positive review in that gap anyway, because use evidence and ownership records both decay faster than the deadline arrives.

Madrid and Vietnam: 1949, and 11 July 2006

Vietnam is in both halves of the Madrid system, which is why both routes appear in a Vietnamese portfolio.

Vietnam has been party to the Madrid Agreement since 8 March 1949. It deposited its instrument of accession to the Madrid Protocol on 11 April 2006, and the Protocol entered into force in respect of Vietnam on 11 July 2006.

For docketing, the Protocol date is the one that matters, because it determines which international registrations could designate Vietnam under the Protocol and therefore which files attract the three-month provisional-refusal period rather than the two-month national one.

The Five-Year Dependency, and the Three Months After It Bites

Madrid dependency is a Vietnamese docketing issue even though it is a WIPO rule, because the exposure sits on the Vietnamese designation.

An international registration remains dependent on the basic mark for five years from the date of the international registration. If the basic application or registration falls away in that period — the central attack — the IR is cancelled to the same extent, and every designation goes with it, including Vietnam.

The remedy is transformation into a national application, and it carries its own short deadline: the transformation request must be filed within three months of the cancellation date to keep the benefit of the international registration date.

Three dates to store, therefore: the IR date, the dependency expiry at five years, and — only if cancellation happens — a three-month transformation clock. The third cannot be pre-computed, so it needs a template that fires on an event rather than a date.

Note also that renewing the IR at WIPO every ten years, with its six-month grace, maintains the international registration and nothing else. It does not discharge a national maintenance obligation anywhere. The mechanics across designations are set out in our guide to international trademark renewal docketing.

Dependency also interacts with the route split described earlier. A designation that is transformed into a Vietnamese national application stops being a Madrid file, which means the response period on any subsequent office action drops from three months to two. Vietnam trademark docketing has to re-derive the clock on transformation rather than carry the old one forward.

The US Clocks This Article Has Been Comparing Against

Stated precisely, because the comparison is only useful if the US side is right, and the US side is more fragmented than most summaries admit.

§8 declaration of continued use — filed between the fifth and sixth years after the registration date. Combined §8 and §9 renewal — between the ninth and tenth years after registration, then every ten years after that, so years 19–20, 29–30 and onward. Each of those deadlines carries a six-month grace period with an additional fee.

§71 is the §8 analogue for a US registration resulting from a §66(a) extension of protection: first filing in years five to six, second in years nine to ten, then every ten years. A Madrid-based US registration therefore needs both its §71 affidavit at the USPTO and its ten-yearly IR renewal at WIPO; neither substitutes for the other.

§15 incontestability is optional and is not strictly a years-five-to-six filing. The statutory condition is five consecutive years of continuous use after registration, with the declaration filed within the one-year period following such a five-year period. It is commonly combined with the §8, which is why it is so often mis-stated as sharing the §8 window.

On office actions, the post-2022 window is three months with one three-month extension for examination of §1 and §44 applications, effective 3 December 2022; the extension must be requested, with its fee, on or before the end of the initial three months. §66(a) examination remains six months with no extension. Post-registration office actions were never brought onto the three-plus-three footing — those provisions never came into effect — and still run to the later of six months or the end of the one-year period for filing the relevant maintenance document.

A Field-Level Vietnam Trademark Docketing Configuration

What the above means in practice, as fields rather than prose.

FieldHoldsWhy it has to be its own field
filing_dateVietnamese filing dateTerm anchor under Art 93.6; must be readable by the rules engine
filing_routeNational or Madrid designationSelects the 2-month or 3-month provisional-refusal clock
publication_dateGazette publication dateSole trigger for the 3-month opposition window
formal_validity_dateDate transferred for publicationReplaces the abolished Notice of Acceptance as the anchor
accelerated_exam_flagBooleanRecomputes the examination date to 3 months
renewal_window_opensExpiry minus 6 monthsNothing can be filed before it
renewal_window_closesExpiry dateLast day without surcharge
grace_expiresExpiry plus 6 monthsDrop-dead; separate window, not a rollover
surcharge_rate10% per month of delayCost is a function of filing date within the grace period
last_use_documentedDate, per classArt 95(1)(d) exposure is rolling, not fixed
ir_date / dependency_expiryIR date, IR date plus 5 yearsCentral-attack exposure on the designation
authorityLaw, Decree or Circular referenceThe three instruments change independently

Twelve fields, and only three of them are dates a certificate will tell you.

Two of the twelve are worth a validation rule rather than a field alone. Expiry minus filing date must equal ten years exactly, and filing route must be non-null before any response deadline is computed. Those two assertions catch most of what goes wrong in Vietnam trademark docketing before it reaches a diary.

Auditing an Inherited Vietnamese Record in Half an Hour

Five checks, in order of how much they tend to find.

One. Subtract the filing date from every stored Vietnamese expiry date. The answer must be exactly ten years, every time. Anything else means the record was built on a registration-date anchor.

Two. Find every Vietnamese opposition deadline computed on or after 1 April 2026 and confirm it is three months from publication, not five. Then confirm the trigger field is the publication date and not a watch-notice date.

Three. Check whether any pending Vietnamese matter is still waiting on a Notice of Acceptance. That document no longer issues; those files have a stalled chain, not a slow examiner.

Four. Group pending Vietnamese applications by filing route and confirm the national files carry a two-month response period and the Madrid designations three. A single value across both populations is the error.

Five. Read whatever date your system treats as final for a Vietnamese registration. If it equals the expiry date, the system will write off marks that are still renewable for six more months on payment of the surcharge.

Our trademark docketing checklist covers the same audit sequence in a jurisdiction-neutral form.

Record what the audit finds against the jurisdiction, not just against the files you corrected. The value of a Vietnam trademark docketing audit is mostly in the rule set it leaves behind, because the same five errors reappear with the next batch of files unless the configuration changes.

Where Vietnam Sits Against the Rest of a Mixed Portfolio

Vietnam is unusual in three respects at once, and it is the combination that defeats a template.

It anchors the term to filing rather than registration. It has no mid-term use filing, so the record looks quiet for years and then produces a short renewal window. And it now runs two different office-action clocks keyed to the filing route.

Individually, each of those appears elsewhere. Together they mean a Vietnamese file is quiet precisely when a US-shaped record expects activity, and busy — opposition, examination and response all inside one quarter — precisely when a US-shaped record expects nothing.

That is the argument for holding the jurisdictional rule set as data rather than as practice knowledge. The rules changed on 1 April 2026 and had changed three years earlier. They will change again.

Which is the real conclusion. Vietnam trademark docketing is not hard because Vietnamese procedure is unusually complex; it is hard because the rules moved twice in three years, the operative figures live in a circular rather than the statute, and the published commentary lags both. Holding the rule set as versioned data is what makes the next change a configuration task instead of a portfolio review.

Sources

Every date in this article was verified against the following sources on 9 November 2026.

How PerspireIP Can Help

PerspireIP runs trademark docketing as a managed service for firms and in-house teams whose portfolios cross IP Vietnam, the USPTO, the EUIPO and WIPO. For Vietnamese matters that means the filing date is held as a live computation anchor rather than reference data, the filing route is a field the rules engine reads so national and Madrid files get the two-month and three-month response periods respectively, the renewal window carries an opening date as well as a closing one, the grace expiry is stored as a distinct drop-dead date with its 10%-per-month surcharge, and last-documented-use is recorded per class against the rolling Article 95(1)(d) exposure.

If your Vietnam trademark docketing sits in a record built for US anchors, one check takes minutes. Subtract the filing date from every stored Vietnamese expiry date — the answer has to be exactly ten years, every time. Then group the pending files by filing route and read the response period on each: if both populations carry the same figure, one of them is wrong. We will tell you what we find either way.

Frequently Asked Questions

What is the trademark opposition deadline in Vietnam in 2026?

Three months from the publication date of the application. Article 112a(1)(b) of the Law on Intellectual Property, as amended by Law No. 131/2025/QH15 with effect from 1 April 2026, provides for “3 months from the date of publication of an industrial design application, trademark application or geographical indication application.” The period was five months between 1 January 2023 and 31 March 2026, and nine months before that, so a great deal of still-ranking commentary quotes a superseded figure. The window cannot be extended, and a submission filed after it is treated as a third-party opinion rather than an opposition.

Does a Vietnamese trademark registration run ten years from filing or from registration?

From the filing date. Under Article 93.6 of the IP Law the certificate is valid from the grant date until the end of ten years from the filing date, renewable indefinitely in ten-year terms. The right to exclude therefore begins at grant while the term clock began at filing, so prosecution time is consumed by the first term rather than added to it. Any record that computes Vietnamese expiry from the registration date will be late by the whole length of prosecution, which is the single most common Vietnam trademark docketing error.

How long do you have to respond to a provisional refusal in Vietnam?

It depends on the filing route. Under the 1 April 2026 package the period for responding to a substantive examination notification or provisional refusal on the national route was reduced from three months to two months. For international registrations designating Vietnam under the Madrid system, the period remains three months. Filing route is therefore a deadline input in Vietnam and has to be a field the rules engine reads, not reference data.

When can a Vietnamese trademark be renewed, and is there a grace period?

A renewal request must be filed within the six months before expiry of the current ten-year term. Late renewal is available for a further six months after expiry on payment of a surcharge of an additional 10% of the renewal fee for each month of delay. There is no early renewal outside the six-month pre-expiry window. Store the window-opens date, the window-closes date and the grace-expires date as three separate fields, because they drive three different fee outcomes.

What changed for trademarks in Vietnam on 1 April 2026?

Law No. 131/2025/QH15, issued 10 December 2025, together with Decree No. 100/2026/ND-CP and Circular No. 10/2026/TT-BKHCN, all took effect on 1 April 2026. For trademarks: the opposition window fell from five months to three; substantive examination fell from up to nine months to five; publication moved to within one month of formal validity; the response period to a provisional refusal on the national route fell from three months to two; the grant-fee payment window was shortened to two months; accelerated examination in three months became available; and the formal Notice of Acceptance of a Valid Application was abolished.

Why does the abolition of the Notice of Acceptance matter to a docket?

Because many systems used that document as the trigger for Vietnamese publication and opposition dates. Article 109(4) as amended removes the step: a compliant application is simply considered formally valid and proceeds automatically, and the Law states that the date the application is transferred for publication is the date it is considered formally valid. The paper that used to arrive no longer arrives, so any file still waiting for it has a stalled chain rather than a slow examiner. The replacement signal is the Gazette, which must be monitored rather than received.

Does Vietnam require a declaration of use like the US Section 8?

No. There is no Vietnamese equivalent of the §8 declaration of continued use, no affidavit due in years five to six and no periodic filing between grant and the renewal window. Use matters only defensively: under Article 95(1)(d) a registration can be terminated for a continuous period of five years of non-use without due cause. Record the absence of a mid-term use filing explicitly against the jurisdiction, because an empty field and a field empty by operation of law are audited very differently.

How long is the non-use period in Vietnam?

Five consecutive years. Article 95(1)(d) permits termination where the mark has not been used for the registered goods or services for a continuous period of five years without due cause, and in practice a request is available against a mark registered for more than five years, with the five years immediately preceding the request being the period examined. Circular 10/2026/TT-BKHCN clarifies the genuine-use standard, emphasising use that is continuous, commercial and publicly visible in the Vietnamese market. Because the window examined rolls forward, last-documented-use should be stored per class and reviewed on a cycle.

When did the Madrid Protocol enter into force for Vietnam?

11 July 2006. Vietnam deposited its instrument of accession on 11 April 2006 and the Protocol took effect in respect of Vietnam three months later. Vietnam has separately been party to the Madrid Agreement since 8 March 1949. The Protocol date is the one that matters for docketing, because it determines which international registrations could designate Vietnam under the Protocol and therefore which files attract the three-month provisional-refusal period rather than the two-month national one.

What is the Madrid five-year dependency, and how does it affect a Vietnamese designation?

An international registration remains dependent on the basic mark for five years from the date of the international registration. If the basic application or registration is lost in that period — a central attack — the IR is cancelled to the same extent and every designation falls with it, Vietnam included. The remedy is transformation into a national application, which must be requested within three months of the cancellation date to keep the benefit of the international registration date. Renewing the IR at WIPO every ten years maintains the international registration only; it does not discharge any national maintenance obligation.

Can a Vietnamese opposition deadline be extended?

No. The Article 112a period is a statutory cut-off with no extension mechanism. A submission filed after it is received as a third-party opinion, which carries no entitlement to a substantive response from the examiner — the material may be considered and you will not be told whether it was. The diary entry should therefore read as a drop-dead date rather than a target, because once it passes the only remaining routes are invalidation or non-use cancellation, each a separate proceeding with its own cost.

What happens if a Vietnamese application is refused as formally invalid?

Article 109(5) provides that it is deemed not to have been filed, but may still be used as a basis for claiming priority rights. That is a status most dockets cannot express: “abandoned” is wrong because a priority right survives, and “pending” is wrong because nothing is pending. The record needs a distinct status that keeps the priority date live as an anchor for the twelve-month Paris window while showing no Vietnamese prosecution deadlines.

How does Vietnam’s opposition window compare with the US?

They are structurally different and should not share a template. Vietnam runs a single non-extendable three-month period from publication. The US opposition ladder also runs from publication but is a stepped series: an initial 30 days, a first extension of 30 days or 90 days with a fee, and an outer cap of 180 days from publication absent consent or extraordinary circumstances. One is a cut-off; the other is a sequence of deadlines each of which has to be diarised.

Is accelerated examination worth requesting in Vietnam?

It is a commercial judgement, but it has a docketing cost worth stating. Article 119(2a) allows accelerated substantive examination for trademark and invention applications in cases prescribed by the Government, carried out within three months. On the invention side, accepting acceleration also shortens the third-party opposition window from six months to three under Article 112a(1)(a). It is also a conditional deadline, which means the flag has to recompute a stored date rather than sit in a notes field.

Which Vietnamese deadlines are in the Law and which are in the Circular?

The Law holds the statutory periods: opposition under Article 112a, substantive examination under Article 119, publication under Article 110, the term under Article 93.6 and the grounds of termination under Article 95. The Circular holds most of the operational dates, including the response periods, the grant-fee window and the renewal mechanics — Article 94 as amended now delegates maintenance and renewal procedures to the Minister of Science and Technology rather than stating them. Each stored deadline should therefore carry its own authority reference, because the three instruments can be amended independently.

What should a docketing audit of a Vietnamese portfolio check first?

Subtract the filing date from every stored expiry date; the answer must be exactly ten years. Then check that opposition deadlines computed on or after 1 April 2026 use three months from publication rather than five, that no pending file is still waiting on the abolished Notice of Acceptance, that national and Madrid files carry two-month and three-month response periods respectively, and that the date the system treats as final is the grace expiry rather than the expiry date itself.