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

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...