📖 Etymology corner, before we dive in
The word "trademark" is a compound of two deeply practical words: "trade" — from Middle English trade, "a course, path, way of life," and by the 16th century, "commerce" — and "mark" — from Old English mearc, "boundary, sign, sign of ownership." A trademark is, etymologically, a sign that marks where your commerce begins and someone else's ends.
The word "renew" comes from Latin renovare — "to make new again," from re- (again) + novus (new). Renewal is not just extension — it's a deliberate act of re-making the claim.
Every 10 years, Vietnamese trademark law asks rights holders to do exactly that: make the claim again, deliberately, on time, and with paperwork. Today's article is your guide to doing it right. Ngọc Prinny-mode: on. 🦊
🧐 Meet today's brand owner
Brand owner Bella Nguyen built her tea brand "Bella's Brew" and registered the trademark in Vietnam a decade ago. The certificate covers goods in two classes. It's a good brand — customers know it, cafes stock it, the logo has become part of her story.
One small problem: the certificate expires in 4 months. Bella hasn't started the renewal process yet. She figures: "Ten years, then you just renew — it's probably automatic, right? I'll get to it next month."
Let's check whether that assumption holds. 🔍
🧐 "First instance": what most brand owners assume
- "Renewal is basically a formality — just pay the fee and you're done."
- "I can renew any time — even after it expires, there's probably a grace period."
- "The trademark office will remind me when it's time to renew."
Verdict: all three need recalibration. Renewal is not automatic, the windows are strict, and the Intellectual Property Office (IP Vietnam / Cục Sở hữu trí tuệ) has no statutory obligation to remind you. Your trademark is your asset — protecting it is your job. 🐟
⚖️ "On appeal": what Circular 10/2026/TT-BKHCN and Decree 181/2025 actually require
Legal basis: Article 109, Circular 10/2026/TT-BKHCN; IP Law 2005 (as amended)
The core rule: 10 years, renewable indefinitely
Per Article 109.2, Circular 10/2026/TT-BKHCN, a trademark registration certificate can be renewed multiple consecutive times, each renewal granting a further 10 years — for all or part of the listed goods/services classes. Bella's Brew could theoretically stay registered forever, as long as each renewal is filed correctly.
The catch: "correctly" involves two hard deadlines and a very precise fee structure.
⏰ The three-zone timeline — where your renewal falls determines everything
The diagram above maps it precisely. Here's the breakdown:
✅ Zone 1: Safe window (6 months BEFORE expiry)
Under Article 109.4, Circular 10/2026/TT-BKHCN, the renewal application must be filed with IP Vietnam within the 6-month window before the certificate's expiry date for a standard, penalty-free renewal.
Bella's situation: 4 months to expiry → she is currently inside the safe window. She should file now.
⚠️ Zone 2: Late window (up to 6 months AFTER expiry)
If the safe window is missed, a late renewal can still be filed — but only within 6 months after the expiry date, and only with a late penalty fee of 10% of the standard renewal fee for each month of delay.
Month 1 late: +10%. Month 3 late: +30%. Month 6 late: +60%. The fees compound linearly, not exponentially — but they add up.
❌ Zone 3: Lapsed (beyond 6 months after expiry)
Once 6 months post-expiry has passed with no renewal filed, the trademark is permanently lapsed. No amount of late fees will save it. The only path back is a completely fresh registration — with a new application, new examination, new opposition period, and no guarantee the trademark will be registered again (a competitor may have filed in the interim).
The total survivable window: 12 months — 6 before plus 6 after expiry. Miss both, and the brand's legal protection disappears.
📋 The renewal dossier — what goes in the envelope
Per Article 109.3, Circular 10/2026/TT-BKHCN, the renewal application must contain:
- Form No. 02 (Appendix II, Circular 10/2026/TT-BKHCN) — the official renewal declaration form (tờ khai gia hạn hiệu lực văn bằng bảo hộ)
- Original certificate — required if the certificate was issued in paper form AND the holder wants the renewal recorded on the physical document
- Power of attorney — if the renewal is filed through a representative/IP agent (and must specify the scope of renewal authority if only partial renewal is requested)
One dossier, multiple certificates: a single application can request renewal of more than one trademark registration simultaneously — useful for brand owners with a portfolio.
Partial renewal: Bella can choose to renew only for certain goods/services classes rather than the full original scope — useful if she's no longer trading in some categories and wants to reduce renewal costs.
🕐 Processing timeline — what happens after you file
| Stage | Outcome | Timeline |
|---|---|---|
| Valid dossier | IP Vietnam issues renewal decision, records it (if requested), publishes in Industrial Property Gazette | Within 1 month of receipt + publication within 30 days of decision |
| Invalid dossier | IP Vietnam issues preliminary refusal notice, specifying reasons | Within 1 month of receipt |
| Remedy period | Applicant corrects deficiencies or files objections | 2 months from refusal notice |
| If uncorrected | Final refusal decision issued | Within 1 month after remedy period ends |
Recording on the certificate: If Bella wants the renewal formally noted on the physical certificate (not just in the IP Register), she must also file a certificate amendment request and pay the relevant fee — this is a separate step from the renewal itself.
💰 The full fee breakdown (2026 rates)
Per Circular 263/2016/TT-BTC as amended by Circular 64/2025/TT-BTC:
| Fee item | Amount |
|---|---|
| Renewal filing fee | 50,000 VND per goods/services class |
| (From 01 Jan 2027) | (100,000 VND per class) |
| Late penalty (per month late) | 10% of the renewal filing fee |
| Examination fee | 160,000 VND |
| Certificate use fee (10 years) per class | 700,000 VND |
| Publication fee | 120,000 VND |
| Registration/gazette fee | 120,000 VND |
Bella's cost estimate (2026 rates, 2 classes, filed on time):
- Renewal filing: 50,000 × 2 = 100,000 VND
- Examination: 160,000 VND
- Certificate use (10 yrs): 700,000 × 2 = 1,400,000 VND
- Publication: 120,000 VND
- Registration: 120,000 VND
- Total: ~1,900,000 VND (~USD 75)
If Bella had filed 3 months late instead:
- Late penalty: 10% × 3 months × 100,000 VND (filing fee base) = 30,000 VND extra
- Not ruinous — but the real cost of late filing isn't the penalty, it's the anxiety, the exposure period, and the risk of lapse. ⚠️
🏠🚗 Real-life analogies
- 🏠 The annual home insurance renewal. Your insurer sends renewal reminders, but if you ignore them and the policy lapses, the house is uninsured. A fire during the lapsed period is catastrophic regardless of how many years you'd been a loyal policyholder. Trademark renewal works the same way — the certificate is your IP insurance policy, and lapse means the brand is exposed.
- 🚗 Vehicle registration renewal. In Vietnam, driving with an expired vehicle registration gets you fined on the spot — the car works fine, but the legal authorization to use it on the road has expired. Similarly, a lapsed trademark means your mark is still visible on your products, but the legal authorization to claim exclusive rights over it has expired — competitors can use it, and your enforcement rights are gone.
🤔 Did you know? Quick legal trivia 🤔
- There is no limit on how many times you can renew. Each 10-year renewal resets the clock. A trademark registered in 1990 and diligently renewed every decade could still be in force today — and for decades to come. The oldest trademarks in IP Vietnam's register date back to the early days of the registry.
- IP Vietnam does not send expiry reminders. Some IP agents offer monitoring services that alert you before your trademark expires — for brand owners with large portfolios, this is a worthwhile investment. The IP Office's obligation is to maintain the register, not to babysit your calendar.
- Partial renewal is strategic. If Bella originally registered "Bella's Brew" for 5 goods classes but only actively trades in 2, she can renew only the 2 active classes — reducing fees and removing unused registrations that she'd have to defend against non-use cancellation actions anyway.
- From 01 January 2027, the renewal filing fee per class doubles from 50,000 to 100,000 VND. Renewals falling due before that date benefit from the lower 2026 rate if filed in time.
📝 Quick self-quiz — are you trademark-renewal-fluent?
- How long is each trademark renewal term in Vietnam?
A. 5 years B. 7 years C. 10 years D. Indefinite - How far in advance of the expiry date must the renewal application be filed (without penalty)?
A. 3 months before B. 6 months before C. 12 months before D. 1 month before - A trademark expired 4 months ago and no renewal has been filed. Can it still be renewed?
A. No — it has lapsed permanently B. Yes — with a 40% late penalty on the filing fee C. Yes — but only if the owner can prove non-use by a competitor D. Yes — only if the owner is a Vietnamese citizen - What happens if a renewal application has deficiencies and the applicant doesn't correct them within the 2-month remedy period?
A. Automatic approval anyway B. Extended remedy period of 6 months C. Final refusal decision within 1 month D. The trademark lapses immediately - True or false: a single renewal dossier can cover multiple trademark certificates.
- What is the certificate use fee (for 10 years) per class of goods/services in 2026?
A. 50,000 VND B. 160,000 VND C. 700,000 VND D. 1,000,000 VND
Answer key: 1-C · 2-B · 3-B (40% = 10% × 4 months, still within the 6-month post-expiry window) · 4-C · 5-True · 6-C 🎉
💡 Practical tips for brand owners and IP managers
- Set a calendar alert 8 months before your trademark's expiry date. This gives you 2 months to gather documents and file within the 6-month safe window — with buffer for any dossier deficiencies to be corrected before the deadline.
- Audit your class coverage before filing. Is every class you registered 10 years ago still commercially active? Renewing unused classes wastes money and creates non-use cancellation risk. Consider partial renewal strategically.
- Check the 2026 vs. 2027 fee table. If your trademark expires in late 2026 and you file in late December 2026, you benefit from the current 50,000 VND/class rate. A January 2027 filing doubles that to 100,000 VND/class.
- Use a licensed IP representative (đại diện sở hữu công nghiệp) for complex portfolios. If you have trademarks across multiple classes, multiple registrations, or any partial renewals, a licensed representative manages the process, tracks deadlines, and handles deficiency notices on your behalf.
- If you're buying a business, always check the trademark register for expiry dates. Inheriting a brand without checking whether the trademark is still in force — or is in its late-penalty window — is a costly oversight.
🌿 A quick detour into nature's version of this rule
Biologists describe "use it or lose it" neuroplasticity — neural pathways that are regularly activated grow stronger and more resilient, while those left dormant gradually weaken and may be pruned away by the brain entirely. The brain doesn't preserve pathways out of historical loyalty to what they once did; it preserves what continues to be used and renewed. Trademark law works on exactly this logic: the state grants a 10-year exclusive right, but it expects the owner to actively renew that claim. A brand owner who lets the certificate lapse has signaled, in legal terms, that they're not actively maintaining the pathway — and the law, like the brain, eventually prunes it. 🧠
🗣️ Over to you
Has your business ever come close to letting a trademark expire — or actually had one lapse? What was the recovery process like? And for those of you who manage IP portfolios: what systems do you use to track renewal deadlines across multiple marks? Share your experience in the comments — practical, real-world trademark management tips are exactly what other brand owners need to hear. 📣
#VietnamLaw #TrademarkLaw #IPVietnam #BrandProtection #NhanHieu #DeluluVN #NgocPrinny #LegalEducation #IntellectualProperty #BusinessVietnam
🚨 Fun but serious: a brief legal disclaimer 🚨
Hey there, legal explorer! 🕵️♀️ Before you close this tab —
- This article is a map, not a teleporter 🗺️ — it'll orient you through the renewal process, but it won't file your dossier with IP Vietnam for you.
- Every trademark situation has its own class coverage, expiry dates, and fee calculation 🦄 — verify your specific details before filing.
- For complex IP portfolios or late-filing situations, summon a professional legal wizard 🧙♀️ — may we suggest Thầy Điệp & Associates Law Firm.
- Reading this doesn't make you an IP lawyer, the same way reading a recipe doesn't make you a baker. 🍞😉
Full disclaimer: ngocprinny.blogspot.com/2024/08/disclaimer.html
#LegalInfo #delulu.vn #NotLegalAdvice #ConsultAPro #NgocPrinny
💝 Support your legal ninja's wellness fund! 🍵
This article distilled two 2026 legal instruments into a practical checklist that could save a brand owner's trademark from lapsing. That kind of distillation runs on:
- Hours of cross-referencing circulars, fee schedules, and procedural timelines 📚
- 10+ years of hands-on legal expertise ⚖️
- A genuine wish that no one loses a hard-built brand to a missed deadline 📝
- And the usual herbal tea situation 🍵
If this helped you protect your brand — or reminded you to check your certificate's expiry date — consider treating this ninja to a green tea →. 🌱
More about the author and the DELULU world: delulu.vn/about-2/
Author: Nguyễn Lê Bảo Ngọc (Ngọc Prinny)
Reviewed by: Lawyer Lê Thị Kim Dung and Lawyer Nguyễn Văn Điệp, Thầy Điệp & Associates Law Firm
And a little closing wish, timed exactly to when you're reading this:
🌙 Nếu bạn đọc bài viết này vào buổi tối, chúc bạn ngủ thật ngon — và nhớ kiểm tra hạn của nhãn hiệu trước khi đi ngủ nhé!
☀️ Nếu bạn đọc vào buổi sáng, chúc bạn một ngày tràn đầy năng lượng — và mong rằng nhãn hiệu của bạn luôn được bảo hộ vững chắc.
🇬🇧 Wherever you're reading from — may your trademark certificates be current, your renewal dossiers be complete, and your brands be forever protected.
🇯🇵 いつ読んでいても、心穏やかな一日を。
🇫🇷 Et où que vous soyez, que votre marque reste bien protégée — et renouvelée à temps. ☘️
