Vietnam released a draft of the IP Law for public comments

A draft of the amended IP Law of Vietnam has been released recently by the Ministry of Science and Technology of Vietnam and published in its website in November 2020 for public comments. The recent signing of big trade pacts, such as the European Vietnam Free Trade Agreement (“EVFTA”), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”), the Regional Comprehensive Economic Partnership (“RCEP”), the world’s largest trading bloc have triggered the comprehensive amendment of Vietnam’s IP Law that enacted in 2005. While a lot of progressive provisions have been introduced to this third amendment of Vietnam IP Law, some...

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A single or multi-class trademark application in Vietnam is better?

1. Differences between a multiple-class trademark application and a single-class trademark application Each trademark application filed with the IP Office of Vietnam may request registration of a mark used for one or more than one goods or services (See Point 37.2, Circular No. 01/2007/TT-BKHCN, as revised). That being said, a trademark application can cover either 01 class or multiple classes of goods/services. Hereunder are main differences between a multiple-class trademark application and a single-class trademark application in Vietnam. Criteria of comparison A multi-class Trademark Application A single-class Trademark Application           Fees Filing fee is slightly reduced as compared to a single-class Trademark Application in terms of both official...

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Assessing relatedness of the goods/services for examining registrability of trademarks in Vietnam

How the goods and/or services bearing this trademark are deemed related/relevant to those under an earlier mark is very important to determine registrability of similar trademarks in Vietnam. Whether Nice Classification is the only basis for making an assessment on relatedness/relevance of the goods/services bearing trademarks? Of course, it is not....

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Stricter requirements adopted for documents submitted to Vietnam IP Office

The Intellectual Property Office of Vietnam (IP Vietnam) issued Notice No. 13822/TB-SHTT dated 23 November 2020 on the application of regulations concerning persons with legal status to sign documents on behalf of the applicant in the registration procedure for establishment of industrial property rights and the related procedures. The Notice No. 13822/TB-SHTT has the following noteworthy points:...

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MOVING ANNOUNCEMENT

Download MOVING ANNOUNCEMENT To whom it may concern, We are very pleased to announce that in order to expand our operations and to effectively manage our corporate growth, on 01 November 2020, we will be moving from the current address: Suite 219, 2nd Floor, Five-Floor Building, Lane 109, Truong Chinh, Thanh Xuan, Hanoi to open our doors in our more spacious and efficient office at the following new address: Building No. 6, Lane 12/93, Chinh Kinh Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi, Vietnam whereas our telephone, fax numbers and e-mail addresses remain unchanged as follows: Tel.:                 (84) 24 3724 5656  Fax:                 (84) 24 3724 5885 E-mail:          info@kenfoxlaw.com   kenfox@kenfoxlaw.com On...

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What documents and which steps to register a trademark in Vietnam?

Registering a trademark in Vietnam is a legal administrative proceeding in which a trademark applicant (either a natural person or a legal entity) file an application to register a trademark with the Intellectual Property Office of Vietnam (“IP Vietnam”). Of note, co-ownership of a trademark is possible in Vietnam. Trademarks to be protected under the IP Law of Vietnam include: (i) Trade/service Mark; (ii) Collective Mark; (iii) Certification Mark; (iv) Associated Mark and (v) Well-known Mark...

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Case study 33: Overcoming Notification of Provisional Refusal against an IR designating Cambodia – what should be taken into account?

Overview: As you know, Cambodia became a member of the Madrid System for the International Registration of Mark on 05 June 5 2015. The system facilitates the filing of applications in multiple countries around the globe. Rather than having to file a trademark application in each country, a trademark owner can file a single application with their national or regional IP office, and then designates protection of their mark in Madrid member countries. This greatly simplifies and reduces the cost of the process, however in case your trademark faced a provisional refusal by the Department of Intellectual Property of Cambodia, what...

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Case study 32: What to do to overcome a provisional refusal in Cambodia due to a prior mark where the trademark applicant and the cited trademark owners are actually one entity?

As you know, Cambodia became the 95th member of the Madrid System, following the deposit with the Director General of WIPO on March 5, 2015, of its instrument of accession to the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The Protocol enters into force, with respect to Cambodia, on June 5, 2015. With this accession, the applicant just having to file a trademark application in each country, a trademark owner can file a single application with their national or regional IP office, and then designates protection of their mark in Madrid member countries, including...

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