KENFOX IP & Law Office > 2020 > December

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...

Continue reading

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...

Continue reading

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....

Continue reading