TIGER” vs. “Two Red Tigers” in Laos: How KENFOX Prevented Trademark Infringement Risks for HEINEKEN?

When a brand gains immense recognition and influence, it often becomes a target for imitators. As “TIGER” beer has become a global icon, it has faced increasingly complex challenges, especially, commercial paraticism.

Recently, HEINEKEN is a global and internationally recognized leader in the beverage production and supply business, including but not limited to beer detected a third party in Vietnam filed an International Registration under the Madrid System for the mark “TWO RED TIGERS” designating various countries, including Laos.

KENFOX IP & Law Office was engaged by HEINEKEN to step in with a simple mandate: stop the filing, protect the fame, and set a precedent. We built a bilingual, treaty-grounded opposition that translated well-known mark theory into a real, enforceable outcome before imitation could take root.

1. Snapshot of the Case

HEINEKEN ASIA PACIFIC PTE. LTD. is a Singapore-based brewing company founded in 1931 formerly known as Malayan Breweries Limited (abbreviated as MBL), a joint venture with Heineken International (Heineken International) and Fraser and Neave. In Asia-Pacific alone, Heineken has a 90-year history in the region with more than 9,000 executives operating in 24 markets. Originated in the Netherlands, Heineken is a family-owned business with a history of over 150 years, brews and distributes over 300 beer and cider brands in more than 190 countries.

In June 2023, HEINEKEN Asia Pacific Pte. Ltd. (“HEINEKEN”) – owner of the world-famous TIGER brand and a leader in the global beer industry – detected that a Vietnamese individual had filed International Registration No. 1728407 for “TWO RED TIGERS”, designating multiple jurisdictions including Laos.

The filing targeted beer and beverages in Class 32, directly overlapping the core product category associated with the iconic “TIGER” brand. The mark attempted to imitate the visual and conceptual strength of TIGER – replacing one tiger with “two red tigers” while retaining the commercial impression of a tiger-branded beer product.

2. Why the Case Was Legally Challenging?

This was not a routine opposition. We faced a multi-jurisdictional bad-faith filing by a foreign applicant attempting to leverage the international system (Madrid Protocol) to intrude into Laos – a developing IP jurisdiction with evolving fame-mark enforcement.

Key legal challenges:

First-to-file tension in an emerging market
Need to prove well-known status in Laos, not only globally
Addressing dilution risk, not just direct confusion
Ensuring that descriptive terms (“Two Red”) cannot disguise an attempt to mimic a famous mark
Educating the Laotian authority on brand fame and acquired distinctiveness standards under international law

For a global brand, this wasn’t theoretical risk. It was brand identity encroachment in a frontier market

where early silence could enable downstream infringement across ASEAN.

3. KENFOX Strategy and Actions

Step 1: Rapid Risk Assessment & Evidence Strategy

We delivered a structured legal assessment confirming a high likelihood of confusion and dilution, and advised comprehensive reputation evidence to secure a strong position.

We designed an evidence package, including:

Full portfolio of TIGER registrations in Laos and worldwide
Proof of use, advertising, market penetration, and history
Global legal recognitions establishing TIGER as a well-known mark
Documentary proof of long-term commercial presence in Asia (90+ years)

Step 2: Multi-Layered Legal Argument

We built a compelling legal foundation anchored in:

Articles 23.9, 23.10 & 28 of Lao IP Law
Article 6bis Paris Convention – well-known mark protection
Confusing similarity and conceptual imitation of the TIGER element
Dilution and unfair association
Lack of distinctiveness in “TWO RED”

We demonstrated that the applied-for mark would free-ride on TIGER’s fame, divert goodwill, and weaken source-identification.

Step 3: Bilingual Evidence & Procedural Precision

We prepared and filed (i) Full legal opposition; (ii) Affidavit of Use & Well-Known Status & (iii) Complete Laotian-language evidence submission. This gave DIP a judiciary-ready evidentiary package – not just objections, but prosecution-strength proof.

4. Outcome / Impact

On 17 January 2024, the Laos Department of Intellectual Property (DIP) issued a total refusal against the “TWO RED TIGERS” filing.

This result is significant: The TIGER brand preserved exclusive rights in Laos, strengthening its position across ASEAN’s emerging beer markets.

5. What This Case Proves About KENFOX?

KENFOX protects iconic global brands across Southeast Asia’s complex IP landscapes. We convert “well-known mark” principles into enforceable results by moving quickly against international bad-faith filings, invoking the Paris Convention and other treaties with precision, and presenting evidence packages that authorities can rely on. Our bilingual, cross-system advocacy bridges legal standards and market realities, so clients don’t just win on paper – they preserve market access and brand equity in high-growth jurisdictions.

This case demonstrates KENFOX’s ability to defend a world-leading brand before infringement spreads. Even in emerging IP systems, a coordinated strategy – rapid filings, treaty-based arguments, and authoritative evidence – can stop parasitic imitation at the border and stabilize legitimate sales channels.

QUAN, Nguyen Vu | Partner, IP Attorney

PHAN, Do Thi | Special Counsel

HONG, Hoang Thi Tuyet | Senior Trademark Attorney

Related Articles: