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KENFOX IP & Law Office > Articles posted by KENFOX IP (Page 9)
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...

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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....

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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. ...

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23 September
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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,...

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22 September
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The effective tools to repress IP infringements in Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

IPR infringements are becoming increasingly sophisticated, pervasive, and continuing to grow at an alarming rate in Vietnam, much like mushrooms growing after rain. Waiting for years for a trademark/ID to be granted protection in Vietnam is not an effective therapy. It will definitely expose you/your business to irreparable risks and damage. Meanwhile, in Vietnam, initiating anti-unfair competition proceedings requires a very heavy burden of proof. Therefore, at this current stage, a time-efficient and fast IPR protection strategy, in our opinion, should be: prioritizing all necessary resources for copyright registration in addition to the registration of trademark/ID (if applicable) as soon...

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20 September
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Risks of improper use of registered trademarks in Vietnam

Posted by KENFOX IP
in News, Trademark in Vietnam, Viet Nam

Have you ever wondered if using the mark in a manner other than that for which it was registered entails any risks? What are those risks? Is it mandatory to use the mark exactly as registered? What can be done to mitigate the risks associated with using the mark in a form different from the one registered? This article provides some useful information on the above topic....

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15 September
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6 key takeaways to cope with patent infringement allegations in Vietnam

Posted by KENFOX IP
in Patent

Have you ever been accused of patent infringement while conducting manufacturing and business operations in Vietnam? If you're unsure how to respond to a patent infringement allegation, you may be tempted to panic and worry about the worst-case scenario. You're probably wondering if your goods are illegal and thus subject to seizure on the market or at the border; if you'll be held liable for future items allegedly infringing a patent; if your business will face expensive lawsuits for damages; if consumers will turn against you and/or your business will likely attract negative media attention, and so on. ...

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