The Law amending and supplementing several articles of the Intellectual Property Law No. 131/2025/QH15 will officially take effect on April 1, 2026. One of the most breakthrough changes and powerful administrative reforms regarding industrial property registration applications (including trademark applications) is the abolition of the procedure for issuing a Notice/Decision of Acceptance of a Valid Application.
Below is a detailed analysis and comparison of this change between the old regulations and the new law:
1. Regulations under the Old Law (applicable before April 1, 2026)
According to the 2005 Intellectual Property Law (as amended and supplemented through 2022), the formal examination process for trademark applications requires the state management authority to issue a specific administrative document to confirm the status of the application:
1.1. Regarding the recordal of validity According to Article 109 on the formal examination of industrial property registration applications, Intellectual Property Law 2005 (amended 2022):
“1. Industrial property registration applications shall be formally examined to evaluate their validity.
2. An industrial property registration application shall be considered invalid in the following cases: a) The application does not meet the formal requirements; b) The subject matter stated in the application is not eligible for protection; c) The applicant does not have the right to register, including cases where the right to register belongs to multiple organizations or individuals but one or some of them do not agree to the filing; d) The application is filed in violation of the filing methods prescribed in Article 89 of this Law; đ) The applicant fails to pay fees and charges.
3. For industrial property registration applications falling under the cases specified in Clause 2 of this Article, the state management authority for industrial property rights shall perform the following procedures: a) Notify the intended refusal to accept the valid application, clearly stating the reasons and setting a time limit for the applicant to correct errors or object to the intended refusal; b) Notify the refusal to accept the valid application if the applicant fails to correct errors, corrects errors unsatisfactorily, or fails to provide a grounded objection to the intended refusal specified in Point a of this Clause; …
4. For industrial property registration applications not falling under the cases specified in Clause 2 of this Article… the state management authority for industrial property rights shall issue a notice of acceptance of a valid application…”
In short: If the registration application has no errors and does not fall into the cases considered invalid, the state management authority for industrial property (Intellectual Property Office of Vietnam – NOIP) is obliged to issue a notice of acceptance of a valid application.
1.2. Regarding the publication timeline According to Clause 3, Article 110 on the publication of industrial property registration applications, Intellectual Property Law 2005 (amended 2022): “Industrial design registration applications, trademark registration applications, and geographical indication registration applications shall be published within two months from the date the application is accepted as a valid application.”
In short: After the notice of acceptance is issued, the trademark application will be published in the Industrial Property Gazette within two months from the date of acceptance.
2. Regulations under the New Law (applicable from April 1, 2026)
To simplify procedures and accelerate the processing speed, Law No. 131/2025/QH15 has amended and supplemented Clause 4, Article 109 and Clause 3, Article 110 towards automating the recognition of application validity:
2.1. Abolition of the Notice of Acceptance and Determination of the Validity Date According to Point b, Clause 34, amending and supplementing Article 109 of the Law:
“b) Abolish Clause 3; amend and supplement Clause 4 and Clause 5; add Clause 6 after Clause 5 as follows: 4. Industrial property registration applications that do not fall under the cases specified in Clause 2 of this Article shall be considered formally valid applications and shall be published according to Article 110 and examined as to substance according to Article 114… The date the application is transferred for publication is the date the application is considered formally valid.“
In short: If an application does not fall under the invalidity cases, it will automatically be considered formally valid and transferred for publication, instead of the NOIP having to spend time drafting, approving, and issuing a Notice of Acceptance as before.
2.2. Shortened Publication Timeline According to Clause 35, amending Clause 3, Article 110: “Industrial design, trademark, and geographical indication registration applications shall be published within one month from the date the application is considered valid.”
In short: The publication time for trademark, industrial design, and geographical indication applications is shortened to only one month from the date the application is considered formally valid.
2.3. Disclosure of Trademark Applications According to Clause 1a, Article 110 of the (Amended) Intellectual Property Law: “Trademark registration applications shall be disclosed immediately after being received.”
Immediately after the state management authority receives the dossier, information about that trademark application will be instantly disclosed to the public, even before the application undergoes formal examination or is accepted as valid.
This regulation helps increase transparency in the market from a very early stage. Instead of waiting for a month or more for the application to pass the formal examination before being published, consumers, competitors, and other IP right holders can immediately identify which trademarks have just been filed. This allows parties to be more proactive in monitoring, avoiding duplicate filings, or promptly preparing third-party opinions and oppositions if infringements are detected.
3. Significance and Impact of the Changes
The shift from a “manual examination and notice issuance” mechanism to “default validity if no issues and transfer for publication” brings about significant positive impacts:
Firstly, reducing the administrative burden on the State: With tens of thousands of trademark applications annually, abolishing the process of printing, signing, and mailing paper Notices of Acceptance helps the NOIP save a significant amount of time, manpower, and material costs.
Secondly, shortening the waiting time for applicants: Under the old law, applicants had to wait to receive the validity notice and then wait up to another 2 months for publication. With the new law, the publication time is reduced to a maximum of 1 month from the date of validity. This allows the process to move to the substantive examination stage significantly faster.
Thirdly, transparency and digitalization: The regulation “the date of transfer for publication is the date of validity” creates a clear, objective milestone on the electronic system, aligning with the State’s orientation to promote digital transformation in intellectual property activities.
In conclusion: From April 1, 2026, the trademark application process in Vietnam will become much more flexible, streamlined, and rapid, reflecting the efforts in administrative reform and providing maximum support for businesses and individuals in establishing and protecting their intellectual property rights.
