28 October

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QH16: What Key Changes Have Strategic Implications for Right Holders?

in News, Notable Articles, Viet Nam, Vietnam

For foreign rights holders operating in Southeast Asia, one of the most consequential legal developments is Vietnam’s comprehensive reform of its customs IP enforcement framework. Through Law No. 11/2026/QH16, adopted by the National Assembly on August 23, 2026 and entering into force on March 1, 2027, Vietnam has introduced a new generation of border enforcement measures that significantly strengthen the protection of intellectual property rights. The revised Customs Law grants customs authorities statutory ex officio enforcement powers, extends customs supervision to goods in transit, and simplifies recordal procedures for rights holders. These enhancements not only modernize Vietnam’s border control regime but...

23 October

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Fighting Trademark Squatters in Vietnam: How Copyright Can Be a Powerful Weapon for Foreign Brand Owners

Posted by KENFOX IP

in Case Studies, Copyright, Newsletters/ Publications, Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] For many foreign businesses entering the Vietnamese market, one of the most frustrating discoveries is that their trademark has already been registered or applied for by a third party with no legitimate connection to the brand. Professional trademark squatters frequently exploit Vietnam's first-to-file system by seeking protection for well-known foreign marks before the genuine brand owner enters the market. While trademark-based arguments remain important, recent cases demonstrate that copyright can be an equally powerful tool for defeating bad-faith trademark applications in Vietnam. [/vc_column_text][vc_empty_space height="13px"][vc_column_text] A Practical Solution Beyond Traditional Trademark Rights Trademark squatters often target foreign brands that have not yet secured trademark...

23 October

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Can a Copyrighted Logo Defeat a Trademark Application in Vietnam?

Posted by KENFOX IP

in Case Studies, News, Notable Articles, samples of our work, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] No trademark registration in Vietnam? You may still be able to stop a trademark squatter. For foreign brand owners, having your logo stolen in a new market is a nightmare. But a recent case involving Maurten, a Swedish sports nutrition brand, shows how copyright can become a powerful legal weapon. In 2023, a Vietnamese individual filed a trademark application for a logo identical to Maurten’s original logo. But Maurten had a serious problem: At that time, it had no earlier trademark registration, no pending trademark application, and no meaningful commercial presence in Vietnam. Therefore, traditional trademark arguments alone might not have been enough. So,...

21 October

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From Proving Rights to Claiming Damages: Three Intellectual Property Precedents Businesses Should Know

Posted by KENFOX IP

in Copyright, IP Practice, News, Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] For many years, the greatest obstacle facing businesses operating in Vietnam—from software companies and content creation studios to manufacturers and distributors of consumer goods—has been not detecting infringement, but translating evidence of infringement into claims that courts will uphold. Intellectual property (IP) rights holders frequently encounter two particularly difficult challenges when bringing cases before the courts: the difficulty of quantifying intangible losses and the paradox of the burden of proof. The adoption of three IP precedents by the Judicial Council of the Supreme People’s Court on 24 September 2026 marks an important step towards consistent application of the law and...

24 September

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Bad-Faith Trademark Filings in Vietnam: What Evidence Really Matters?

Posted by KENFOX IP

in Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] When a brand owner discovers that its trademark has already been applied for or registered in Vietnam by a third party, the immediate assumption is often that the case is open-and-shut: “The marks are identical. The goods are identical. This is blatant bad faith”. Not necessarily. In practice, demonstrating similarity between two marks is usually the simplest part of an opposition or invalidation. The real challenge - and where most foreign brand owners stumble - lies in evidence. Proving bad faith requires proving state of mind, commercial motive, and intent under a strict first-to-file regime. Decisive direct evidence rarely exists. Instead of...

17 September

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Mr. Nguyen Vu Quan Invited by the Jiangsu Lawyers Association to Speak on IP Protection in Southeast Asia

Posted by KENFOX IP

in Events, IP Presentation, News, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] At the invitation of the Jiangsu Lawyers Association, China, Nguyen Vu Quan, an IP representative at KENFOX IP & Law Office, delivered a presentation at a training programme on cross-border intellectual property protection, held from 16 to 19 July 2026 in Xuzhou, Jiangsu Province. The programme brought together approximately 150 lawyers and featured presentations by experienced IP experts and practitioners covering the United States, Europe, Hong Kong and Southeast Asia. With organisational support from Jiangsu Normal University, the programme addressed practical aspects of IP protection, cross-border dispute resolution and the advisory capabilities needed to support Chinese businesses expanding internationally. https://www.youtube.com/watch?v=yCQLbljCAWs During the...

04 August

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Not Registered in Vietnam: Can Copyright Infringement Still Be Examined?

Posted by KENFOX IP

in Copyright, Notable Articles, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] A work created and registered for copyright protection in a foreign country is unlawfully copied in Vietnam. The copyright owner holds a copyright registration certificate issued by a competent foreign authority, but has never registered the work with the Copyright Office of Vietnam. Is the owner required to register the copyright in Vietnam before requesting a copyright infringement assessment? According to the Vietnam Copyright Protection Center, the answer is: not necessarily. This conclusion is not merely a simplification of an administrative procedure. Rather, it signals an important shift in the approach to intellectual property (IP) enforcement in Vietnam—from a mindset...

30 July

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KENFOX Shares Practical Insights on Vietnam’s Trademark Protection at Seminar Hosted by Wuxi Administration for Market Regulation

Posted by KENFOX IP

in IP Presentation, Newsletters/ Publications, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] As an increasing number of Chinese enterprises expand their investments into Vietnam, a thorough understanding of Vietnam's trademark protection system has become a critical factor in building and safeguarding brands in one of Southeast Asia's fastest-growing markets. At the invitation of the Wuxi Administration for Market Regulation (WAMR), Mr. Nguyễn Vũ Quân, Director of KENFOX IP & Law Office, delivered a keynote presentation entitled "Vietnam's Evolving Trademark Landscape: New Regulations, Enforcement Trends, and Strategic Pitfalls to Avoid for Chinese Entities." [/vc_column_text][vc_empty_space height="13px"][mkd_image_gallery type="slider" autoplay="3" slide_animation="slide" pretty_photo="no" navigation="yes" pagination="yes" images="33599,33608" image_size="1200"][vc_column_text] Held in a hybrid format, the seminar brought together government officials, legal...

22 July

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Trademark Enforcement in Cambodia: Café Logo Dispute Resolved via Economic Police Action

Posted by KENFOX IP

in Cambodia, Cambodia, Trademark, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] A café logo dispute in Cambodia demonstrates that trademark infringement does not necessarily require an exact copy of a registered mark. Where the logo presentation, storefront signage, and overall commercial impression create a likelihood of confusion in the same service sector, the trademark owner may have grounds to act. In this case, MGC Global Co., Ltd., owner of the MEGA COFFEE / MGC logo trademark in Cambodia, adopted a staged enforcement strategy: evidence collection, issuance of a warning letter, escalation to the Economic Police, and ultimately securing a written undertaking to cease use and remove the infringing sign. Background MGC Global...

13 July

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Sophisticated Copycat Products in Vietnam: Should Copyright or Industrial Design Rights Be Relied Upon for Enforcement?

Posted by KENFOX IP

in Industrial Design, IP Practice, Notable Articles, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] In disputes concerning packaging, fashion design, household goods, furniture, etc., the issue is no longer about "crude copies," but about sophisticated imitations: competitors maintain the "main visual impression," but adjust a few minor details to create a "sufficiently different" feel when a complaint is filed. This gray area puts many intellectual property rights holders and corporate legal teams in a difficult position: should they pursue enforcement based on copyright or industrial design? That choice is not just a matter of the "name" of the right, but also a matter of the burden of proof and the speed of intervention. With...