Starting April 1, 2026, the Law on Intellectual Property No. 131/2025/QH15 will officially take effect. This is considered a “breakthrough reform” aimed at significantly reducing waiting times for trademark and patent owners in Vietnam.
What exactly does this change entail, and how will your business benefit? Let’s explore the highlights with SBLAW.
1. The “Bottleneck” of Old Regulations (Pre-April 2026)
Currently, when you file a trademark application, the Intellectual Property Office of Vietnam (IP Vietnam) must undergo a mandatory administrative step: Formality Examination.
The Old Process: After checking the application, the Office must draft and issue an official document titled “Decision on Acceptance of Valid Application.”
The Downside: Waiting for this physical document often creates an unnecessary administrative “pause,” prolonging the overall registration timeline even if your application was perfectly prepared from the start.
2. The Breakthrough Change (Post-April 2026)
The most significant reform is: The abolition of the procedure to issue a formal Notification/Decision on the Acceptance of a Valid Application.
Simply put: If your application is correct, the system keeps moving automatically!
The New Mechanism: Instead of waiting for the Office to “sign off” on a validity document, your application will automatically proceed to the next stages (Publication and Substantive Examination).
The Office only intervenes if there are errors: Official notifications will only be issued if your application falls into “invalid” categories, such as:
Formal errors (missing information, incorrect forms, etc.).
The subject matter is ineligible for protection.
The applicant lacks the right to file.
Filing in violation of prescribed methods.
Crucially: Failure to pay the required fees and charges.
3. Practical Benefits for Businesses
✅ Time-Saving: By eliminating the wait for a physical document, applications are processed continuously, shortening the total time to receive a protection certificate.
✅ Reduced Red Tape: Businesses no longer need to manage auxiliary administrative notifications, focusing directly on the final examination results.
✅ International Integration: This process aligns with the standards of developed nations, where transparency and speed are top priorities
💡 Expert Advice from SBLAW Attorneys:
While the new law makes the process “smoother,” if an application is deemed “Invalid” from the outset, you will lose your Priority Date—the most vital factor in trademark disputes.
Therefore, before filing, you should ensure:
Conducting professional trademark searches to avoid ineligible subject matter.
Double-checking all formal requirements and paying all fees/charges at the time of filing.
Want to be among the first businesses to take advantage of this reform wave? Contact SBLAW today for an optimal trademark protection roadmap!
#SBLAW #IPLaw2025 #TrademarkRegistration #AdministrativeReform #VietnamIP #BrandProtection
