28 September

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A trademark-based domain name dispute heard by Court in Vietnam. What should foreign businesses know?

For acts infringing upon industrial property rights on the Internet, the Bailiff’s Witness document is critical in recording the infringement evidence which is normally accepted by the court. A Title of Evidence (or Bailiff’s Witness document) is a document which records evidentiary facts. It may be placed before the court to support a party’s argument or it may be used to demonstrate that a transaction has been lawfully carried out. It may also be used as evidence of the existence of a legal relationship. In general, the subject matter of a Title of Evidence (or Bailiff’s Witness document) may be...

27 September

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Overcoming Relative Ground Refusal Against International Registration Designating Cambodia

Posted by KENFOX IP

in Notable Articles

The Madrid system of international registration is governed by two treaties: (i) the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and (ii) the Protocol Relating to the Madrid Agreement, which was adopted in 1989, entered into force on 01 December 1995, and came into operation on 01 April 1996. Cambodia is party only to the Protocol, not to the Agreement. The Madrid Protocol became effective in Cambodia on 05 June 2015. ...

27 September

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Overcoming trademark refusal in Vietnam arising from multiple grounds of rejection, difficult but not impossible

Posted by KENFOX IP

in Notable Articles

It is no doubt very difficult to overcome a refusal against a trademark which arises from conflicts with earlier mark(s), especially when more than one grounds of rejection are raised. How to overcome multiple grounds of rejection against an applied-for trademark requires in-depth knowledge, expertise and experience from IP practitioners. ...

27 September

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Copyright – a powerful and effective tool to repress trademark and industrial design infringements in Vietnam

Posted by KENFOX IP

in Notable Articles

Intellectual property of reputable and well-known businesses is perpetually the target of imitation, copying and counterfeiting. The greater the businesses’ prestige and goodwill, the more vulnerable it is to illegal business people. As soon as the designs and logos for a reputable and well-known business's product line are introduced to the market, products with similar or even identical designs, patterns, and logos appear immediately. Hereunder are some examples....

23 September

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How to respond to pharmaceutical trademark refusals in Cambodia?

Posted by KENFOX IP

in Cambodia, Case Studies

The increasing number of trademarks, especially pharmaceutical trademarks, and the excessively stringent examination of trademarks are the primary reasons for various trademark refusals in Cambodia. Examiners from the Cambodian IPO frequently cite prior marks that appear to be quite similar to applied-for marks at first glance, but are distinguishable when examined more closely. However, if an applicant's trademark application is refused and the applicant chooses to abandon/ do not pursue a trademark application, continuing to use the refused trademark in commerce is a risky decision. Utilizing a trademark that is found to be confusingly similar to another party's trademark may...

23 September

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Court Case: A Cybersquatting Case Brought To Court For Hearing In Vietnam

Posted by KENFOX IP

in Case Studies, Newsletters/ Publications

https://kenfoxlaw.com/wp-content/uploads/2021/09/Mondaq-A-Cybersquatting-Case-Brought-To-Court-For-Hearing-In-Vietnam.pdf

O.S GmbH is a multinational lighting manufacturer headquartered in Munich, Germany ("the plaintiff"). The plaintiff is the owner of a series of OSRAM trademark for lighting apparatus, especially electric lamps and luminaires; parts of the aforesaid goods; light-emitting diode lamp modules, being protected in Vietnam. The plaintiff detected that two ccTLD (osram.com.vn) and (osram.vn) ("Disputed Domain Names") were registered in 2014 by a natural person in Vietnam, N.D.T ("the defendant") and were resolved to the defendant's active websites. The websites under the Disputed Domain Names were promoting and offering for sale of the plaintiff's products bearing the "OSRAM" mark. ...

23 September

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Copyright – a powerful and effective tool to repress trademark and industrial design infringements in Vietnam

Posted by KENFOX IP

in Newsletters/ Publications, Notable Articles

The Intellectual property of reputable and well-known businesses is perpetually the target of imitation, copying and counterfeiting. Practice indicates that enforcing trademark and industrial design rights in Vietnam presents numerous challenges, exacerbated by the length of time required to examine trademark industrial design applications in Vietnam. The actual examination time for a trademark application can range between 16-18 months, or even several years, if the trademark is opposed by a third party or is refused by the Intellectual Property Office of Vietnam. The prolonged time for trademark industrial design examination in Vietnam contributes significantly to the aforementioned situation, and at the...

23 September

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Proper brand protection strategy: urgent requirement for enterprises

Posted by KENFOX IP

in Newsletters/ Publications, Notable Articles

A proper brand protection strategy is a compulsory requirement for Vietnamese companies to survive and develop their products in the context of domestic brand names being registered by overseas competitors. Nguyen Vu Quan, trademark and copyright manager at KENFOX IP & Law Office, writes about the needs for domestic firms to register their brand names internationally....

23 September

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Court Case: A Cybersquatting Case Brought To Court For Hearing In Vietnam

Posted by KENFOX IP

in Case Studies, Newsletters/ Publications