Trademark Opposition in Vietnam: Challenging a Pending Application

If a third party applies to register a mark that conflicts with yours, Vietnamese practice lets you challenge it. Acting during examination can stop a problematic mark before it registers.

Opposition after publication

Once an application is published in the Gazette, interested parties may file observations/opposition against it during examination. Common grounds include similarity to an earlier mark, lack of distinctiveness, or bad-faith filing (for example by a former distributor).

Timing matters

Opposition is most effective while the application is still under examination, so monitoring the Gazette (a watch service) is valuable. A well-evidenced opposition can lead the office to refuse the application.

If the mark already registered

If a conflicting mark has already registered, the route shifts to a cancellation or invalidation action — for example on grounds of prior rights or non-use. These are separate proceedings with their own requirements.

Frequently asked questions

Can I stop someone registering my mark in Vietnam?

Yes — file an opposition after the application is published, on grounds such as similarity or bad faith.

When should I act?

During examination; monitoring the Gazette helps you act in time.

What if the mark is already registered?

Consider a cancellation or invalidation action on grounds like prior rights or non-use.

How LTV Law helps

LTV Law runs watch services and files oppositions and cancellations for foreign brands. See our trademark guide or contact our team.

This article is for general information only and does not constitute legal advice.