Trademarks or Disguised Advertising Messages: CNIPA’s Proactive Invalidation of Granted Trademarks – Could Vietnam Adopt a Similar Approach?

in Notable Articles, Trademark, Trademark

Download The Situation in China: A Drastic Purge of "Pseudo-Concepts" In recent times, the China National Intellectual Property Administration (CNIPA) has sent shockwaves through the legal and business communities by consistently implementing measures to refuse and proactively invalidate a series of trademarks that are ambiguous, deceptive,, or likely to mislead consumer perception. The review process reveals that numerous applications were summarily rejected during the substantive examination stage, most notably: 18 "Zero Sucrose" trademarks, 22 "0 Sucrose" trademarks, and others such as "Earth from the Mountains" and "0 Added West." Notably, since 2025, CNIPA has expanded its oversight beyond the examination stage to proactively...

03 April

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China: CNIPA Proactively Refused and Invalidated Ambiguous-Concept Trademarks Such as “Zero Sucrose” and “Farm-Raised”

Posted by Quoc Anh

in News, Notable Articles, Trademark

Download Many enterprises do not design trademarks to distinguish their goods from those of others - the core function of a trademark. Instead, they exploit the system to "privatize" common industry terminology. They treat the trademark registration certificate as a "legal free pass" to monopolize advertising messages (such as "Zero Sugar" or "Farm-Raised"). Armed with these registered marks, they can then turn around and restrict competitors from using descriptive terms that everyone should inherently have the right to use. Cloaking vague and exaggerated descriptive terms under the guise of an "exclusively registered trademark" creates a false veneer of credibility. Consumers are easily...

25 March

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Opposition Against the Trademark “7 DAYZ” / “7 DAYS PREMIUM MENWEAR & Device”: 5 Lessons in Trademark Protection in Vietnam

Posted by Quoc Anh

in Notable Articles, Trademark

Download In intellectual property portfolio management, challenging a subsequent trademark application that "borrows" ideas while being disguised by stylized details remains a complex issue. Therefore, protecting brand identity extends beyond mere name registration; it is a strategic battle to safeguard the "zone of recognition" within the minds of consumers. In this context, the successful prevention of trademark application No. 4-2023-36026 demonstrates a crucial principle: an effective opposition dossier must be built upon a strict integration of legal analysis regarding the similarity of the signs and designated goods/services, alongside a practical assessment of how the brand is perceived, recalled, and competes in...

13 March

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Why Patents “Lose Rights” Upon Entering the Vietnam National Phase: Translation Errors, “New Matter”, and Limitations on Amendments

Posted by Quoc Anh

in News, Patent, Vietnam

Download In patent prosecution practice, many applications "fail" - not because the technical solution lacks novelty or an inventive step, but due to the Vietnamese translation at the national phase entry. For patent applications originating from the Patent Cooperation Treaty (PCT) or those claiming priority under the Paris Convention upon entering the national phase in Vietnam, merely a few mistranslated words in the specification or, particularly, the claims, can inadvertently and silently narrow the scope of protection. By the time this is discovered, it is often too late to remedy. The greatest risk lies in the fact that the Vietnamese translation serves...