27 September

Sticky

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

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

Posted by KENFOX IP

in Case Studies, Newsletters/ Publications

23 September

0 Comments

Sticky

Invalidating a bad-faith trademark registration in Vietnam

Posted by KENFOX IP

in Newsletters/ Publications, Notable Articles

Bad-faith trademark registration is largely seen in Vietnam nowadays, especially since foreign investors are shifting production from China to Vietnam following the recent US-China trade war. Trademarks in Vietnam are generally awarded on a “first-to-file” basis, as opposed to a "first-to-use" system, resulting in floods of trademark applications, many of which imitate or mimic foreign reputable brands that have yet to expand into the Vietnamese market. Invalidating a trademark registered in bad faith in Vietnam is not always easy, as the country's IP Law does not define or contain specific provisions on bad faith. However, Snap Inc., a US-based company,...

21 September

0 Comments

Sticky

Guidelines to Re-register a Singapore Patent in Laos

Posted by KENFOX IP

in Patent

On 27 November 2019, a Memorandum of Cooperation (MOC) was signed between the Intellectual Property Office of Singapore (IPOS) and the Department of Intellectual Property (DIP), the Ministry of Science and Technology of Laos. The MOC has allowed Singapore patents to be re-registered in Laos in an expeditious way....