10 April

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Letter of Consent: The Key to Overcoming Trademark Refusal by the IP Office of Vietnam?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download During the trademark registration process in Vietnam, a frequent obstacle encountered by applicants is the rejection of applications based on findings that the applied-for mark is confusingly similar or identical to a previously registered trademark (the cited mark). Although the Intellectual Property Office of Vietnam (IP Viet Nam) has, in practice, reviewed and accepted Letters of Consent (LoCs) in numerous instances as grounds for withdrawing notifications of intended refusal of trademark protection, the absence of specific provisions within Vietnam's IP law addressing this mechanism creates a significant legal vacuum. Consequently, the acceptance of a Letter of Consent is largely...

09 April

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Use Evidence from Online Sales to Increase your Damage Compensation: Possible in Vietnam?

Posted by Ly Dinh

in Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The protection and enforcement of intellectual property (IP) rights are fundamental to innovation and economic development. However, one of the biggest challenges rights holders face when their rights are infringed is obtaining adequate compensation for the damages suffered. In Vietnam, as in many other countries, determining and claiming actual damages encounters numerous difficulties, often resulting in court-awarded compensation that does not truly reflect the losses. KENFOX IP & Law Office provides analysis on the reality of IP damages compensation in Vietnam, contrasts it with the new approach in China, and offers some useful recommendations regarding this issue. The Reality of IP...

04 April

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Patent Amendments in Vietnam: Rights and Limitations for Applicants

Posted by Ly Dinh

in Notable Articles, Patent

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The patent registration process in Vietnam, as in many other countries, may involve multiple stages of examination. Throughout this process, amendments to the patent application may become necessary to clarify, refine, or narrow the scope of protection. KENFOX IP & Law Office provides analyses of the rights and limitations regarding patent application amendments under Vietnamese law, while also drawing a comparison with a landmark case in India to help patent applicants in Vietnam understand the differences on this issue. The Right to Amend Patent Applications in Vietnam Under the provisions of Vietnam’s IP Law and Circular No. 23/2023/TT-BKHCN detailing certain articles of...

27 March

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Chinese-character trademarks in Vietnam: Does similarity/identicalness in meaning with another trademark constitute infringement?

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Whether use of a Chinese trademark having similar/identical meaning with a prior English mark constitutes a trademark infringement in Vietnam. Imagine you choose a Chinese character trademark for a new product line in Vietnam to avoid conflicts with existing marks. However, this Chinese mark has the exact same meaning as an English language trademark already protected in Vietnam. This increasingly common scenario poses a key question: Does this semantic similarity alone trigger trademark infringement in Vietnam? KENFOX IP & Law Office, one of the most professional leading IP firms in Vietnam, provide analysis on this complex question, examining the scope...

27 March

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Common Grounds for Trademark Refusal in Vietnam: What are they?

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Trademark applicants in Vietnam often face the risk of refusal, leading to wasted time and resources. However, many of these rejections are avoidable. Understanding the common grounds for trademark refusal in Vietnam – such as conflicts with existing trademarks, generic terms, or violations of public order and morality – enables applicants to proactively address potential issues. This proactive approach leads to more effective responses to challenges and, ultimately, a more efficient and successful trademark registration process. With 15 years of practical experience in handling complicated IP related matters in Vietnam, KENFOX IP & Law Office provides comprehensive details to explain...

25 March

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Trademark Examination Process and Common Grounds for Trademark Refusal in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][/vc_row][vc_column][/vc_column][vc_column_text] Download Applicants who are aware of the trademark examination process in Vietnam will be more likely to submit complete and accurate applications from the outset, minimizing the risk of receiving official notifications of deficiencies and the associated delays. This knowledge also enables effective responses to challenges and ultimately increases the chances of successful and cost-efficient trademark registration in Vietnam. With 15 years of practical experience in handling complicated IP related matters in Vietnam, KENFOX IP & Law Office provides comprehensive details to explain the Trademark Examination Process and Common Grounds for Trademark Refusal in Vietnam. [/vc_column_text][vc_empty_space height="13px"][vc_column_text] 1. Trademark Examination Process in...

12 March

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Intellectual Property Collateral – Trademarks in Vietnam: Legal Analysis and Market Outlook

Posted by Ly Dinh

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Vietnam is rapidly developing as a globally integrated and dynamic economy, making intellectual property (IP) increasingly vital, particularly in technology, e-commerce, and pharmaceuticals. With rising foreign investment, a critical legal question emerges: Can Vietnam's current laws effectively protect IP as collateral, allowing businesses and investors to utilize it as a financial instrument? Although Vietnam's current law recognized IP as an asset that can be collateralized, there are significant legal loopholes caused by the absence of specific and comprehensive rules directly related to IP collateralization. Do these legal loopholes provide an opportunity to develop the IP collateral market, or do they,...

12 March

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Copyright in Vietnam: Enforcement Mechanisms & Practical Tips

Posted by Ly Dinh

in Copyright, Notable Articles, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Vietnam's intellectual property (IP) enforcement landscape has undergone significant reforms over the past decades, aligning with international treaties like the WTO's TRIPS Agreement and recent trade agreements such as the EVFTA and CPTPP. Notwithstanding these progressive reforms, challenges persist in the effective enforcement of copyright protections in Vietnam. KENFOX IP & Law Office is dedicated to furnishing clients with comprehensive guidance on strategic approaches to copyright enforcement, grounded in an in-depth analysis of the prevailing legal framework, available enforcement mechanisms, and practical measures aimed at safeguarding intellectual property rights in Vietnam. 1. Understanding Copyright in Vietnam Under Vietnam's Law on Intellectual Property...

06 March

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Addressing IP disputes in Vietnam: Declarations of non-infringement and invalidity

Posted by Ly Dinh

in Notable Articles, Trademark, Trademark in Vietnam, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Intellectual property disputes, especially those concerning trademarks, are an inevitable part of the dynamic business environment in Vietnam. Instead of passively waiting for the threat of trademark disputes to arise, wise businesses will seek proactive solutions to protect themselves. The question then becomes: how can businesses proactively "stay one step ahead", mitigate legal risks, and confidently explore the market? Declarations of non-infringement and trademark invalidity are two excellent legal mechanisms, empowering third parties to definitively establish legal "boundaries", create a "safe harbor" for their commercial activities. KENFOX IP & Law Office would like to provide more comprehensive analysis on the...

04 March

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At a glance: Trademark Opposition in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark, Trademark in Vietnam, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download 1. What is a trademark opposition in Vietnam? In Vietnam, a trademark opposition is a legal procedure that allows a third party to formally challenge a pending trademark application before it gets officially registered by the Intellectual Property Office of Vietnam (VNIPO, formerly, NOIP). A trademark opposition aims at preventing the registration of trademarks that could potentially infringe on existing rights or create confusion in the marketplace. It's a proactive measure to avoid future legal disputes and brand damage. Under the amended IP Law of Vietnam in 2022, a Notice of Opposition should be filed within a specific deadline of 05...