06 July

Sticky

Similar Trademarks in the Same Class Are Not Necessarily Refused in Their Entirety in Vietnam: Practical Notes on Trademark Examination in Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][vc_video link="https://www.youtube.com/watch?v=8pjDdzFr-pI" title="Trademark Squatting in Vietnam – New Bad Faith Rules and What Chinese Brand Owners Should Do?"][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_empty_space height="13px"][vc_column_text]One of the most common questions raised by trademark owners when filing trademark applications in Vietnam is: “If the proposed trademark is similar to an earlier registered trademark, and both designate goods or services in the same Nice Class, will the application automatically be refused?” According to practice in Vietnam, the answer is: not necessarily. The fact that two trademarks belong to the same class of goods/services according to the Nice Classification is an important factor, but it is not determinative and...

29 June

0 Comments

Sticky

Assessing Copyright Infringement of Applied Art Works in Vietnam: Scope of Protection and Determination Principles

Posted by KENFOX IP

in IP Practice, News, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] In practice, when handling copyright disputes concerning works of applied art, a frequently asked question is: Does the mere resemblance between two works of applied art constitute infringement? This resemblance may stem from the initial visual impression that the two works have the same form. However, this subjective impression can easily lead to prejudice and cause the assessment to deviate from the true nature and scope of protection of the applied art work. So where does the scope of protection for a work of applied art lie? When does a work of applied art fall within the scope of...

22 June

0 Comments

Sticky

Functional Products: Industrial Design Protection or Copyright Protection in Vietnam?

Posted by KENFOX IP

in Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Traditionally, functional products such as sandals, handbags, and perfume bottles have generally been regarded as subject matter best protected under industrial design law. However, the Dutch court judgment of 12 November 2025 in Birkenstock v. Scapino introduced a different perspective by recognizing the possibility of copyright protection for sandal designs based on the criterion of “creative choices.” The Dutch court emphasized that although sandals must fulfill the functional purpose of being worn, designers still enjoy substantial creative freedom in determining the shape of the straps, the curvature of the sole, and the proportions and combination of materials. Birkenstock’s selection of...

16 June

0 Comments

Sticky

Whether Functional Products Are Eligible for Protection as ‘Works of Applied Art’ in Vietnam?

Posted by KENFOX IP

in Patent, Uncategorized, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text]A “functional product”, in simple terms, is a product that serves a practical utilitarian purpose (e.g., household items, electronic devices, technical tools, etc.). For many years, prevailing “orthodox” legal thinking in Vietnam has tended to classify functional products (useful articles) such as bicycles, furniture, handbags, perfume bottles, and coffee machines squarely within the realm of industrial designs. From this practice emerged an almost unassailable assumption: Functional products cannot qualify as “works” and therefore are not eligible for copyright protection. International practice, however, demonstrates the opposite. French courts have recognized the Hermès Birkin and Kelly handbags as works of art...

12 June

0 Comments

Sticky

Trademark Refusal in Vietnam: What Strategy Enabled the “Three-Circle” Mark to Overcome a Likelihood-of-Confusion Objection?

Posted by KENFOX IP

in Uncategorized

[vc_row triangle_shape="no"][vc_column][vc_column_text]When two figurative marks with nearly identical structural compositions are filed for the same category of goods, the prospects of securing registration for the later-filed application are generally slim. In other words, the risk of refusal is exceptionally high. Many businesses assume that obtaining a Letter of Consent from the owner of the cited mark will automatically resolve the issue. In practice, however, the matter is far more complex. A Letter of Consent is an important supporting piece of evidence, but it is not a legally binding instrument that compels acceptance by the trademark authority. Examiners remain fully entitled...

10 June

0 Comments

Sticky

Bad-Faith Trademark Filings in Vietnam: What’s new in the IP Law 2025?

Posted by KENFOX IP

in News

[vc_row triangle_shape="no"][vc_column][vc_column_text]Vietnam’s first-to-file trademark system has increasingly been exploited by professional trademark squatters. In practice, certain individuals and companies have filed dozens, or even hundreds, of trademarks that appear to copy or imitate marks already used by foreign brand owners, overseas manufacturers, franchise chains, online sellers, or businesses preparing to enter Vietnam. These filings are often not made for genuine commercial use. Rather, they are made to wait for a payoff. Once registered, that mark may be used not only as a passive obstacle to registration, but also as an active commercial weapon: to demand payment, block distribution, pressure local partners,...

08 June

0 Comments

Sticky

NGB CORPORATION VISITS KENFOX TO EXPLORE STRATEGIC COOPERATION IN PATENT PROTECTION AND IP ENFORCEMENT

Posted by KENFOX IP

in Client Meeting, News

On June 8, 2026, KENFOX IP & Law Office had the pleasure of welcoming Mr. Hiroyoshi Teraoka, Representative of NGB Corporation’s Thailand Office, for an official visit and working session in Hanoi. The meeting provided an excellent opportunity for both parties to exchange insights on patent prosecution, intellectual property (IP) protection and enforcement, and potential avenues for strategic collaboration to support Japanese businesses seeking effective IP protection in Vietnam. NGB Corporation – Nearly Seven Decades of Excellence in Intellectual Property Services During the meeting, Mr. Hiroyoshi Teraoka introduced NGB Corporation, one of Japan’s leading intellectual property service providers. Established in 1959, NGB...

05 June

0 Comments

Sticky

APPOINTMENT CEREMONY OF INTELLECTUAL PROPERTY EXPERT AND STRATEGIC COOPERATION MEETING BETWEEN KENFOX AND THE GUANGXI COMMERCIAL MEDIATION ASSOCIATION

Posted by KENFOX IP

in Client Meeting, Events

On June 3, 2026, KENFOX IP & Law Office welcomed a delegation from the Guangxi Commercial Mediation Association (GCMA) to its office in Hanoi for an official working visit. The visit marked a significant milestone in the relationship between the two organizations through the Appointment Ceremony of an Intellectual Property Expert and a Strategic Cooperation Meeting aimed at strengthening professional collaboration in the fields of intellectual property, commercial mediation, and cross-border dispute resolution....

04 June

0 Comments

Sticky

Sigma Tobacco International Visits and Holds Working Session with Kenfox: Strengthening Cooperation in Protecting Tobacco Trademarks Against Cross-Border Counterfeiting

Posted by KENFOX IP

in Client Meeting, Events, Viet Nam

On June 1, 2026, KENFOX IP & Law Office had the pleasure of welcoming a delegation from Sigma Tobacco International to its Hanoi office for a working meeting focused on intellectual property (IP) protection strategies, particularly in light of the growing trend of trademark infringement, counterfeiting, and the production and distribution of counterfeit tobacco products across Southeast Asia. Representing KENFOX at the meeting were Mr. Nguyen Vu Quan, IP Attorney and Director of KENFOX, together with the firm’s team of attorneys and IP enforcement specialists. The meeting was conducted in an open, professional, and highly constructive atmosphere, focusing on the assessment...

03 June

0 Comments

Sticky

KENFOX is honored to act as the intellectual property (IP) representative for Fischer-a renowned German brand of steel adhesives and chemical anchors-in handling IP infringements and counterfeit goods in Vietnam

Posted by KENFOX IP

in News

How to Identify Genuine Fischer Injection Mortars Fischer representatives recommend that users carefully check the packaging, cartridge structure, and mixing mechanism to distinguish genuine chemical anchor adhesives from counterfeit products appearing on the market. Fischer is a trademark owned by fischerwerke GmbH & Co. KG, a company headquartered in Germany and operating in the field of anchoring solutions, installation systems, and engineering materials used in construction and industry. According to the brand representative, chemical anchor adhesives are products that require strict technical standards because they directly affect the bonding capability and load-bearing capacity of anchoring systems in construction works. Therefore, the use of...