Vietnam’s 2026 Trademark Regulations: Faster Registration, Stronger Protection
The most significant announcement in Vietnam's trademark and intellectual property sector for 2026 is the official implementation of the 2025 Amended Intellectual Property Law (Law No. 131/2025/QH15) on April 1, 2026. This amendment represents Vietnam's most extensive legal reform in recent years, aimed at aligning domestic laws with international standards such as the CPTPP and EVFTA. This reform significantly accelerates the registration process and introduces a “Fast-track Examination” option for the first time.
LatestLatest News and Announcement Highlights:
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Significant Reduction in Trademark Registration Time
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Substantive Examination: The current goal is to shorten the duration of substantive examination from 9 months to 5 months.
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Opposition Period: The deadline for filing an opposition against a published application has been reduced from 5 months to 3 months.
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Fast-track Examination: Applications meeting specific criteria can now expect to complete examination within 3 months. This measure applies only to goods or services involving strategic technologies or those with urgent regulatory needs.
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Updates to Trademark Legal Definitions and Scope of Protection
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New Definition and Protection for Well-Known Trademarks: The definition of a well-known trademark has been revised to “widely known by the relevant public within Vietnam”, replacing the previous strict requirement of being “known by all consumers”. This increases flexibility in recognition. Furthermore, protection is no longer limited to the specific industry of the well-known trademark. Even for unrelated goods or services, the trademark owner can claim infringement and cancel a registration if such use damages the reputation of the well-known trademark.
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Bad Faith Squatting: The new law explicitly establishes “bad faith” as a legal ground for rejecting a trademark application or canceling an existing registration.
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Non-Traditional Trademarks: There is continued strengthening of protection and practical examination for non-traditional trademarks, such as sound marks.
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Strengthening of Enforcement
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Doubling of Statutory Damages Ceiling: In cases where the trademark owner cannot prove actual material loss, the maximum statutory damages the court can award has been increased from 500 million VND to 1 billion VND (approximately $38,000 USD).
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Robust Online Preliminary Injunctions: The judiciary is now empowered to mandate the removal or blocking of infringing digital content, user accounts, websites, or applications. These injunctions can be executed as preliminary measures before a final judgment to prevent further economic losses.
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Expansion of Administrative Sanctions: The new law officially incorporates the “storage” of counterfeit goods as an infringing act. This means enforcement agencies can now take action against warehouses, logistics centers, and fulfillment centers, rather than being limited to production or sales points.
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Assetization of Trademarks
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Statutory Asset Status: The new legislation formally categorizes intellectual property, including trademarks and patents, as tradable and assessable commercial property, permitting their inclusion on corporate balance sheets.
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Legalization of Collateralized Financing: The law establishes a clear mechanism enabling enterprises to utilize registered trademarks as collateral for bank loans or as in-kind capital contributions for the incorporation or capital increase of a company.
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Maximization of Commercial Returns: The strategic policy focus has shifted toward incentivizing the generation of sustainable cash flow through brand licensing and asset transfers.
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Establishment of a Valuation Framework: The government implementing a professional intellectual property valuation system and national database to resolve historical challenges where intangible assets were difficult to appraise, thereby facilitating bank lending.
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The new framework signifies a strategic transition of Vietnamese trademarks from mere defensive instruments to a tangible asset system that enhances corporate financing capabilities.
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