Dear Clients and Partners,

As of May 1, 2026, the landscape of Intellectual Property (IP) in Vietnam has undergone its most significant transformation in a decade. With the amended IP Law having come into full effect just last month on April 1, 2026, businesses operating in or entering the Vietnamese market face a new reality. The shift toward a digital-first administrative system and the integration of AI-related provisions have created an environment that rewards proactive strategy but severely penalizes those who cling to outdated practices.

At BLaw Vietnam, we are thrilled to help our clients navigate these innovative changes. However, we have already observed several recurring "pitfalls" that can jeopardize your brand, your inventions, and your market position. To ensure your business remains protected and competitive, we have compiled this comprehensive guide on how to avoid the most common mistakes under the 2026 IP regime.

1. The "Wait and See" Trap: Ignoring the First-to-File System

Vietnam remains a strict "First-to-File" jurisdiction. One of the most dangerous pitfalls we see, particularly with international firms, is the assumption that prior use of a trademark in other markets or even within Vietnam provides a legal safety net.

In 2026, the speed of digital registration means that "trademark squatting" has become more automated and aggressive. If you delay your filing, a third party can register your brand name or logo, effectively holding your business hostage. Under the new law, the burden of proof to cancel a "bad faith" registration remains high and costly.

How to avoid this:
Do not wait for your products to hit the shelves to begin the registration process. You should initiate your IP filings as part of your initial market entry strategy. To streamline this process, you can explore our licensing services to ensure your rights are secured from day one.

2. Neglecting the Mandatory E-Filing Protocols

As of the 2026 amendments, the Intellectual Property Office of Vietnam (IP Vietnam) has transitioned almost exclusively to a digital filing system. A common pitfall for businesses is attempting to submit documentation via traditional paper routes or through non-certified digital channels.

The new law requires all filings to be processed through the IP Vietnam online portal using specific digital certificates and encrypted signatures. Failure to comply with these technical standards results in immediate administrative rejection, which can cause you to lose your priority date.

How to avoid this:
Ensure that your internal legal team or your external counsel is fully equipped with the latest digital authentication tools recognized by the Vietnamese government. For foreign entities without a permanent presence in Vietnam, it is mandatory to appoint a licensed local representative to handle these electronic submissions. You can learn more about how we facilitate these requirements on our about page.

3. Choosing Descriptive or Non-Distinctive Marks

In an effort to harmonize with international standards, IP Vietnam has become significantly more stringent regarding the "distinctiveness" of trademarks. Many businesses fall into the pitfall of choosing names that are purely descriptive of the goods or services they provide (e.g., "Fresh Cold Milk" for a dairy brand).

Under the 2026 guidelines, such marks are being rejected at record rates during the preliminary examination phase. While you might feel a descriptive name helps with marketing, it creates a weak legal foundation that is nearly impossible to defend against competitors.

How to avoid this:
Aim for "fanciful" or "arbitrary" marks, names that have no direct connection to the product itself. If you must use a descriptive term, you must be prepared to provide extensive evidence of "acquired distinctiveness" through significant market use and advertising. Our team can help you evaluate your brand's registrability through our copyright and trademark services.

4. Inaccurate Nice Classification Mapping

The 12th Edition of the Nice Classification is the standard for 2026, but many businesses still rely on outdated classification lists. A major pitfall is "under-filing", registering your trademark in only one class when your business actually spans several, or "mis-filing" in a class that does not offer the specific protections your product needs.

For example, a tech company selling hardware that also offers cloud-based software must ensure they are protected under both Class 9 and Class 42. Missing one can leave a massive hole in your enforcement strategy.

How to avoid this:
Conduct a thorough audit of your current and future revenue streams. Map these against the 2026 Nice Classification standards to ensure comprehensive coverage. It is far more cost-effective to file correctly the first time than to file supplementary applications later.

5. The AI Content Conundrum: Decree 100/2026

Perhaps the most discussed update in 2026 is Decree 100, which clarifies the protection of AI-generated content. A significant pitfall is the assumption that anything created by AI is automatically "public domain" or, conversely, that it is automatically protected under the user's name.

The law now distinguishes between "AI-assisted" work (where a human provides significant creative input) and "AI-generated" work (produced autonomously by an algorithm). If you cannot prove the "human element" in the creation of a design or a patentable process, your application may be rejected on the grounds of lacking a human author.

How to avoid this:
Maintain a rigorous "Creation Log." Document the prompts used, the iterations performed by your human staff, and the final refinements made by your creative team. This documentation is now essential evidence for IP protection in the age of AI. For more on modern corporate transparency, see our article on ESG governance and transparency.

6. Overlooking the Shortened Opposition Window

The 2026 IP Law has accelerated the administrative timeline to improve efficiency. While this is beneficial for legitimate applicants, it creates a pitfall for those who do not actively monitor the Industrial Property Gazette. The window to oppose a confusingly similar mark has been shortened. If you miss this window, your only recourse is a much more expensive and lengthy cancellation action after the mark has already been granted.

How to avoid this:
Implement a professional "Watch Service." At BLaw Vietnam, we utilize automated monitoring tools to alert our clients the moment a potentially infringing mark is published. This allows for rapid, cost-effective intervention before the mark reaches registration.

7. Using Outdated Legal Templates and References

Since the consolidation of the IP Law in early 2026, many older templates for Power of Attorney (POA), licensing agreements, and technology transfer contracts have become legally insufficient. Using a template from 2024 or 2025 may lead to your documents being returned for correction, or worse, being declared unenforceable in a Vietnamese court.

Specifically, the requirements for digital signature verification and the naming conventions for state agencies have changed.

How to avoid this:
Audit your legal department’s template library immediately. Ensure all references to "The Law on Intellectual Property" cite the 2026 Consolidated Version. If you are unsure if your documents meet the new standards, please contact us for a compliance review.

8. Missing the 10-Year Renewal Cycle

It sounds simple, but missing renewal deadlines remains one of the most frequent causes of IP loss in Vietnam. In the 2026 digital system, there is very little leniency for late renewals. While there is a 6-month grace period, it comes with heavy surcharges and the risk of a third party filing for your "lapsed" mark the day after the expiration.

How to avoid this:
Do not rely on physical mail reminders. Ensure your IP assets are cataloged in a digital management system with multiple redundancy alerts. Note that you can now initiate a renewal up to 6 months before the expiration date.

Strategic Benefits of Proactive Compliance

By avoiding these pitfalls, your business doesn't just "stay safe", it thrives. Professional IP management allows you to:

• Optimize your valuation: Strong, registered IP assets significantly enhance the value of your business during M&A activities.
• Enhance market trust: Consumers in Vietnam are increasingly brand-conscious; a registered trademark is a badge of legitimacy.
• Streamline enforcement: With a valid registration and digital certificate, taking down infringing listings on e-commerce platforms like Shopee or Lazada becomes a 24-hour process rather than a months-long struggle.

Through the above article, it is clear that the 2026 amendments prioritize those who are prepared and technologically integrated. Vietnam's commitment to a robust IP framework makes it an exciting time for innovation, provided you have the right legal partner to guide you.

In addition to IP services, we provide comprehensive support for those looking to start an FDI business in Vietnam, ensuring your corporate structure is as secure as your intellectual property.

How BLaw Vietnam Can Help

Navigating the complexities of the 2026 IP Law requires more than just legal knowledge; it requires a deep understanding of the new digital infrastructure. Our team is highly qualified and has a proven track record of successfully managing complex IP portfolios for both local startups and multinational corporations.

We invite you to visit our directory to learn more about our experts or browse our legal blog for further insights into the 2026 regulatory changes, such as the new PSI rules for private bonds.

If you have questions about your current IP status or need to transition your filings to the new digital system, we are here to assist. Our team is dedicated to providing efficient, cost-effective solutions tailored to your unique business needs.

Please reach out to us via our contact page or explore our full range of legal services to see how we can protect your innovations in 2026 and beyond.

Best regards,

The BLaw Vietnam Team