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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Differentiating “assignment” and “licensing”of industrial property rights in Vietnam

Transfer of industrial property rights in Vietnam comprises 02 forms: (1) Assignment of industrial property rights and; (2) Licensing of industrial property rights. How to differentiate the assignment and licensing of industrial property rights as statutorily provided in Vietnam? You may find the key differences between these two types of transfer of industrial property rights in the below table....

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Withdrawing an already claimed invalidation action in Vietnam

Withdrawing an invalidation request which has been filed with the Intellectual Property Office of Vietnam (“IP Vietnam”) is not expressly provided for in the Law on Intellectual Property of Vietnam 2005, revised in 2009 and 2019 (“Vietnam IP Law”) and its by-laws. As a matter of practice, the IP Vietnam has accepted withdrawal of invalidation requests, provided that (i) the withdrawal authority is explicitly formed in the Power of Attorney and (ii) the requester of invalidation action has rendered reasons for such withdrawal. Therefore, a request for invalidation action already filed with the IP Vietnam can be withdrawn. The Vietnam IP...

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Responding to trademark refusal in Laos – Some takeaways

Under Laos IP Law, a mark cannot be merely descriptive. The idea behind preventing people from obtaining trademark protection for descriptive marks is that that individuals or commercial entities should not be allowed to claim exclusive trademark rights in descriptive words that competitors may need to use when describing their own goods/services. As a result, trademarks that comprise commonly descriptive (or generic) words are usually prohibited from being registered by the Laos IP Office. In practice, there are not uncommon instances where trademark applications face refusal/rejection based on an alleged descriptiveness of goods/services. However, those marks are not, in fact,...

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Main takeaways for seeking protection for industrial designs in Vietnam

Industrial designs serve as an valuable tool for any manufacturer who relies on the outward appearance of their products to attract customers and entice potential buyers to choose their offering over the competition. As such, features protectable as industrial designs can be used both purely as a form of aesthetic enticement, as well as a way to distinguish your products, helping them stand out from a multitude of similar goods. Combating design infringement has never been easy. Design registrations protect against infringers from producing the same goods or products which do not produce a different overall visual impression on an...

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Notification on re-filing trademark applications to keep trademark rights effective in Myanmar

On 28 August 2020, the Ministry of Commerce and Trade issued Notification No. 63/2020 on 28 August 2020 which states that the Soft Opening Period will start launching on 01 October 2020 for the marks owner under the section 93(a) of the new Trade Mark law. During the Soft Opening Period (i.e. from 01 October 2020 to 01 April 2020), the Myanmar Registrar will only receive applications for re-registration of the trademarks which have been previously registered with Myanmar Registrar, but not receive applications for registering new trademarks in Myanmar. ...

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Case Study 31: Overcome a provisional refusal against an International Registration Designating Vietnam – difficult but never give up !

How should you address to overcome a provisional refusal against an International Registration Designating Vietnam (“IRDV”)? What steps can be taken to ensure your trademark is protected in Vietnam? In recent years, international registration of trademarks designating Vietnam has increasingly preferred taking into account of the simple and convenient procedures that can save a lot of time and money, but it also include many potential risks relating thereto. KENFOX IP & LAW OFFIC has assisted its client to overcome a provisional refusal against an IRDV under various proceedings in Vietnam....

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