TRADEMARK OPPOSITION IN VIETNAM: TIMELINE, PROCEDURES, AND LEGAL STRATEGIES FOR BUSINESSES

Legal Basis and Competent Authority

Trademark opposition in Vietnam is governed by:

• The Law on Intellectual Property (as amended in 2022)
• Relevant implementing regulations and circulars

The competent authority is:
National Office of Intellectual Property of Vietnam

What is Trademark Opposition?

Under current regulations, from the date a trademark application is published in the Industrial Property Gazette until before a decision on grant is issued:

Any third party has the right to file an opposition against the registration of that trademark.

Such opposition must:

• Be submitted in writing
• Be supported by evidence and/or legal arguments

Key development:
Trademark opposition is now recognized as a formal and independent legal procedure, and the authority is obliged to examine and resolve it

Trademark Opposition Deadline in Vietnam

The opposition timeline is strictly regulated:

05 months from the publication date of the trademark application

After this deadline:

• The authority will not accept formal opposition filings
• Third parties may only submit informal observations, which carry limited legal weight

Practical takeaway:
Missing the deadline means losing the right to formally oppose

Opposition vs. Third-Party Observations

In practice:
Opposition is significantly more effective and enforceable

Required Documents for Opposition

A complete opposition dossier typically includes:

• Opposition petition (identifying the opposed application)
• Legal grounds and arguments
• Supporting evidence (prior marks, proof of use, etc.)
• Power of Attorney (if filed via representative)

Notes:

• Official fees must be paid
• Strong legal reasoning significantly increases success rate

Opposition Procedure Before IPOVN

The opposition process generally involves the following steps:

Step 1 – Formality Check and Notification

• IPOVN reviews the opposition for formal compliance
• The applicant is notified and given 02 months to respond

Step 2 – Exchange of Arguments

• The applicant submits a response
• The opponent may provide further comments

Step 3 – Hearing (if necessary)

• IPOVN may organize a direct hearing between the parties

Step 4 – Decision

• The opposition is resolved together with the substantive examination outcome

Step 5 – Follow-up Actions

• If no response is filed → opposition may be deemed withdrawn
• Complex disputes may be referred to court proceedings

Practical Insights from Legal Practice

Based on our experience, successful opposition cases often depend on:

✔ Early monitoring and timely action

✔ Strong legal arguments

✔ Solid supporting evidence (especially proof of use)

Common mistakes:

• Failure to monitor published applications
• Filing after the deadline
• Weak or unsupported arguments

When Should You File an Opposition?

Businesses should consider opposition where:

• The applied mark is identical or confusingly similar
• There are signs of bad-faith filings
• The application conflicts with prior rights (trademarks, trade names, etc.)

Conclusion

Trademark opposition is a powerful preventive legal tool that allows rights holders to challenge conflicting applications before protection is granted.

However, given the strict deadline and procedural requirements, businesses must:

• Monitor trademark publications regularly
• Act promptly within the statutory period
• Prepare well-supported legal arguments

Legal Services by A.D.V.N Law Firm

A.D.V.N Law Firm provides comprehensive support in trademark opposition matters, including:

• Monitoring and identifying conflicting applications
• Assessing opposition feasibility
• Preparing legal arguments and evidence
• Representing clients before IPOVN
• Handling related disputes and enforcement

We ensure a strategic, efficient, and results-driven approach to protecting your brand.