25 March

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Trademark Examination Process and Common Grounds for Trademark Refusal in 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...

22 October

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Criminal Penalties Applicable To Trademark Infringement In Laos: What Are They?

Posted by Ly Dinh

in Laos, Notable Articles, Trademark

Trademark infringement in Laos carries significant legal consequences, including a range of criminal penalties. In this article, KENFOX IP & Law Office provides a comprehensive overview of the penalties applicable to individuals and legal entities found guilty of trademark infringement under Lao law. We examine the types of penalties, their calculation, and the factors that influence their severity. 1. Overview of Penalties for Trademark Infringement in Laos [Article 139 IP Law] Trademark infrement in Laos can lead to a variety of penalties, including punishment: (i) Education or warning: For minor or unintentional infringements....

23 September

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Industrial Design Law in Vietnam: A Comprehensive Overview

Posted by Ly Dinh

in Industrial Design, Notable Articles

Vietnam does not have a separate industrial design law. Vietnam’s legal framework for industrial design protection is integrated within its broader Law on Intellectual Property (IP Law), first enacted in 2005. Rather than having a standalone industrial design law, this comprehensive legislation governs various forms of IP, including patents, trademarks, copyrights, and industrial designs. The IP Law has been amended 03 times to adapt to Vietnam’s evolving economic landscape and to align with international IP standards....

19 September

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Trademark Law in Vietnam: A Comprehensive Overview

Posted by Ly Dinh

in Notable Articles, Trademark

Unlike many jurisdictions, Vietnam doesn't have a standalone trademark law. Instead, the country's legal framework for trademarks is seamlessly integrated into its broader Intellectual Property Law (IP Law). This comprehensive law was first enacted in 2005 and has since undergone significant amendments in 2009, 2019, and 2022 to align with the evolving international IP landscape. While a distinct "Trademark Law" is absent, all aspects concerning trademarks are meticulously regulated within the overarching IP Law....

06 August

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How to Successfully Appeal a Trademark Refusal in Cambodia: 6 Essential Questions

Posted by Ly Dinh

in Cambodia, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Has your international trademark application designating Cambodia been provisionally refused? Are you concerned about the potential risks and unsure of your next steps? A provisional refusal of protection for your trademark in Cambodia can jeopardize your brand's global expansion strategy. However, this is absolutely not the end of the road. Refusal of protection in Cambodia does not mean you have to abandon this market. With extensive expertise in intellectual property, KENFOX IP & Law Office will provide an analysis of six critical questions to help you understand the legal issues, develop an appropriate strategy, and ensure your brand is...

26 July

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Understanding the Trademark Examination Process in Laos

Posted by Ly Dinh

in Laos, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The Lao People's Democratic Republic (Lao PDR) offers a legal framework for protecting trademarks through registration. A registered trademark grants the owner exclusive rights to use the mark for specific goods or services, preventing others from using a similar mark that could cause confusion among consumers. KENFOX IP & Law Office provides a comprehensive overview of the trademark examination process in Laos, guiding businesses and individuals through the key stages involved in securing trademark protection. 1. Preliminary examination The first step in the trademark registration process is the preliminary examination conducted by the Department of Intellectual Property (DIP). The DIP assesses the...