01 July

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Protection of Famous Names Under Trademark Law: Lessons from the Usain Bolt Case and Vietnamese Practice

The successful opposition by Usain Saint Leo Bolt ("Usain Bolt") against the trademark application "" in China stands as a prime example of how the China National Intellectual Property Administration (“CNIPA”) recognizes and protects the rights attached to a famous personal name, even where no trademark registration exists in China. The CNIPA’s decision has set a noteworthy precedent for legitimate foreign brand owners: even without formal trademark registration, individuals with a high level of fame and a strong association between their name and identity may still be afforded legal protection. Significantly, the CNIPA did not limit its assessment to the...

27 June

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Registering Class 35 – A Choice or an Imperative Strategy in Vietnam, Laos, and Cambodia

Posted by Quyen Nguyen

in Cambodia, Laos, Notable Articles, Trademark, Vietnam

In the markets of Laos, Cambodia, and Vietnam, registration under Class 35 is no longer merely an option—it has become an essential requirement for securing robust and comprehensive brand protection. The prevailing practice of prioritizing Class 35 in trademark examination within these jurisdictions is not just procedural in nature; it constitutes a strategic key that enables businesses to significantly enhance their trademark protection—often exceeding expectations....

23 June

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Delegation and Decentralization of IP Rights in Vietnam – What Right Holders Must Know Under Decree 133/2025/ND-CP?

Posted by Quyen Nguyen

in News, Notable Articles, Viet Nam

Decree 133/2025/ND-CP (issued on June 12, 2025) marks a significant administrative reform in the field of science and technology, including intellectual property (IP). This Decree stipulates the delegation and decentralization of certain state management tasks concerning IP from the central level (Ministry of Science and Technology/IP Office of Vietnam) to the provincial-level People's Committees (PCs). The Decree takes effect from July 1, 2025, and will be piloted until March 1, 2027 (unless extended or replaced by new regulations)....

13 June

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Cannabis and Pharmaceutical Inventions in Vietnam: To Protect or To Reject?

Posted by Quyen Nguyen

in Notable Articles, Patent, Vietnam

In many developed nations, pharmaceutical products containing active ingredients extracted from cannabis are ushering in a new era of treatment for conditions ranging from epilepsy and chronic pain to supportive cancer therapy. Inventions in this field are continuously being granted patents in the United States, Europe, and Japan. In a global context witnessing a profound shift in the perception of medical cannabis, a critical legal question arises in Vietnam: Why is a trend considered a medical innovation in many parts of the world impeded by what is deemed "contrary to social ethics and public order" under Article 8.1 of the...

12 June

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Trademark Refusal in Cambodia: How Should a Refusal Be Handled?

Posted by Quyen Nguyen

in Cambodia, Notable Articles, Trademark

Once a response to a Notice of Refusal from the Cambodian Department of Intellectual Property (DIP) has been filed, a crucial question emerges: What is the path forward? Will the DIP proceed directly to a final decision, or do opportunities remain to fortify the application and protect the brand’s eligibility for registration? Should the initial arguments be rejected, is the applicant still permitted to amend the application, supplement the record, or present new arguments to resolve the grounds for refusal? What are the subsequent procedural steps an applicant must navigate to avoid missing critical deadlines? Furthermore, if a final refusal is...

09 May

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Refusal of Chinese Language Trademarks in Vietnam: Legal Loophole or Outdated Regulation?

Posted by Quyen Nguyen

in Notable Articles, Trademark

In the context of deep international economic integration and the unceasing development of cross-border trade activities, the protection of IP rights, especially trademarks, plays an indispensable legal foundational role. However, in Vietnam, regulations regarding the registration of trademarks using foreign scripts, particularly languages not belonging to the Latin alphabet such as Chinese, Korean, Japanese, etc., remain a point of contention and require reconsideration. It is time to look at this issue more openly, moving towards the acceptance and protection of Chinese language trademarks and similar languages in Vietnam....

24 April

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Weihai Conference 2025: KENFOX’s Analysis of IP Challenges and Opportunities for Chinese Enterprises in Southeast Asia

Posted by Quyen Nguyen

in News

Download On April 18, 2025, the third Weihai City Intellectual Property (IP) Protection Sharing Conference was successfully convened at the High-Tech Zone, bringing together over 200 delegates from government agencies, research institutions, industry associations, and enterprises. Under the theme of “Intellectual Property Protection – Enterprises Going Global”, the conference particularly underscored the significance of international cooperation and cross-border legal capability. Among the event highlights was the in-depth presentation by Mr. Nguyen Vu Quan, representative of KENFOX IP & Law Office (Vietnam), which made a significant impact. Risks of Intellectual Property Disputes and a Comprehensive Strategy for the Southeast Asian Market As one of...

18 April

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Sound Marks in Vietnam: Legal Advancement and Brand-Building Opportunities

Posted by Quyen Nguyen

in Notable Articles, Trademark

In an increasingly competitive branding landscape, establishing a unique impression in customers’ minds is critical for survival. Beyond traditional signs such as logos or names, sound is emerging as a “new power”—a promising brand-building tool for Vietnamese businesses. A pivotal legal development came with the amended Intellectual Property Law of 2022 (effective from January 1, 2023), enacted to fulfill Vietnam’s international commitments under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). For the first time, Vietnamese law has officially expanded the definition of a trademark to recognize and protect “sound signs that can be represented graphically.” This change not...

16 April

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Trademark Refusal on Absolute Grounds: KENFOX Successfully Helps Secure Protection for 4 International Trademarks in Vietnam

Posted by Quyen Nguyen

in Notable Articles, Trademark

Download KENFOX IP & Law Office has recently achieved a significant victory in helping clients successfully register and protect 04 International Registrations (IRs) designating Vietnam. All 04 of these trademarks were initially refused protection by the Intellectual Property Office of Vietnam (IP Vietnam) on absolute grounds, specifically for being considered descriptive. Trademark Refusal on Absolute Grounds in Vietnam During the examination process for trademark applications in Vietnam, refusals issued by IP Vietnam based on absolute grounds (stipulated in Articles 73, 74 of the Intellectual Property Law) are a quite common situation and pose significant challenges for trademark owners. The most common reason for...

15 April

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Letter of Consent for Trademarks Within Corporate Groups in Vietnam: Legal Analysis, Practice, and Recommendations

Posted by Quyen Nguyen

in Notable Articles, Trademark, Uncategorized

The fundamental principle of intellectual property (IP) law is to prevent consumer confusion regarding the commercial origin of goods and services. However, in practice, companies within the same corporate group or with close affiliations often wish to use similar trademarks. Does a "Letter of Consent" from the prior trademark owner (usually the parent company) carry enough legal weight to negate the likelihood of confusion? Despite a clear parent-subsidiary or internal affiliation, the Intellectual Property Office of Vietnam (IPVN)'s acceptance or refusal of a subsidiary company's trademark application (even with a Letter of Consent) still heavily depends on the assessing examiner's...