09 August

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Resolving Disputes Between Trade Names and Trademarks in Vietnam: How to Proceed?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Disputes between trademarks and trade names are commonplace and present considerable challenges for businesses. Establishing rights for trade names under Vietnamese law is relatively straightforward. If a trade name is shown to have been legally used in Vietnam and does not infringe upon existing trademarks, business names, or geographical indications, its rights are established. On the other hand, the process of revoking trade name rights can be intricate and challenging. The following dispute serves as an expensive lesson for foreign businesses engaging in commercial activities in Vietnam, particularly through franchising endeavors. It underscores the importance of understanding the local...

29 May

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Overcoming Trademark Rejection in Cambodia: Winning Strategy from the “DING TEA” Milk Tea Case

Posted by Ly Dinh

in Cambodia, Notable Articles

Download As foreign investment in Southeast Asia continues to surge, Cambodia is emerging as a top destination for businesses looking to expand their reach. However, obtaining trademark registration in this market is no walk in the park. With a vast number of trademark applications filed annually, it's easy for a mark to be deemed too similar to an earlier one or refused altogether by the examiner. This is where IP attorneys with extensive experience and knowledge of IP law can provide effective strategies for winning the trademark battle to obtain registration in Cambodia. KENFOX IP & Law Office, with nearly 20...

15 May

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Navigating Vietnam’s Regulatory Landscape: CSPC Company’s Working Visit to KENFOX for Drug Registration and IPR Protection

Posted by Ly Dinh

in News

On May 10, 2023, our firm, KENFOX IP & Law Office, was delighted to receive a working visit from CSPC Pharmaceutical Imp. & Exp. Co., Ltd at our office in Hanoi, seeking our assistance with setting up a representative office in Hanoi, drug registration and issues related to the protection of intellectual property (IP) rights in Vietnam. CSPC is one of the leading pharmaceutical companies in China with state-of-the-art production lines and a professional R&D team focused on drug discovery, clinical development and safeguarding IP rights. CSPC Company recognizes the potential opportunities for expanding their market and aims to import and...

08 May

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How to Strategically Use Evidence in IP Infringement Cases in Vietnam?

Posted by Ly Dinh

in Notable Articles

The principle of “burden of proof” is essential to any legal dispute, and intellectual property infringement litigation is no exception. However, recent cases in Vietnam suggest that plaintiffs face significant challenges in meeting this burden, particularly when it comes to presenting evidence in support of their claims....

29 March

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Understanding Trademark Infringement Laws in Vietnam: Roadblocks & Solutions

Posted by Ly Dinh

in IP Practice, Trademark

Download Despite selling their branded goods and services for decades in Vietnam, many businesses are at risk of losing their trademarks due to a lack of awareness and disregard for trademark registration. In most cases, trademarks are lost either because business owners are unaware of the need for registration, or because they prioritize market development over legal protection. Even those who do register their trademarks may face difficulties in enforcing them against infringing competitors. As a result, not a few businesses had to pay a high price for their negligence and lack of knowledge in the field of intellectual property. This...

29 March

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Patent invalidation in Vietnam: Key Considerations and Approaches

Posted by Ly Dinh

in Patent, Vietnam

Download 1. Introduction Patents are widely regarded as a "crutial" instrument for intellectual property (IP) rights holders seeking to establish a unique market position for their patented products. Patents grant the owner exclusive rights to market their product, license their invention to third parties to recoup investments, and prevent competitors from infringing on their patent rights. Given the huge competitive advantages that the patent brings, it is not surprising that the occurrence of patent disputes is on the rise. Having a patented invention does not guarantee that it is free of errors and automatically valid. “A presumption of validity is what allows the...

29 March

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Bad faith (Malicious) – a legal basis for trademark opposition or invalidation in Vietnam

Posted by Ly Dinh

in IP Practice, Trademark

"Bad faith" is a legal term that was added to Articles 96 and 117 of Vietnam's amended IP Law in 2022 in order to address the following issues: (i) to close legal loopholes that had been identified from the "first-to-file" principle – a mechanism that grants protection titles to the those earliest filed trademark applications, including those made in bad faith and (ii) effectively curbing trademark squatting – a growing trend in emerging economies like Vietnam. With the provision of "bad faith," a legitimate trademark owner has an additional important legal basis to challenge the validity of a trademark filed or registered by a third party...

28 March

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How to Effectively Enforce IPR Infringement in Cambodia

Posted by Ly Dinh

in Cambodia

Download Cambodia's lack of a customs recordal system means that the customs authorities have not yet received any requests for customs supervision regarding intellectual property rights (IPR) infringement. However, IPR holders still have options to engage Cambodian customs to enforce IPR infringement. One way is to file a request for recordal of exclusive distributorship. Parallel imports in Cambodia – Permissible or trademark infringement? Per article 11 of Cambodian Law concerning Marks, Trade Names and Acts of Unfair Competition of the Kingdom of Cambodia (2002) which provides for “Registration and Rights Conferred by Registration”, the owner of a protected trademark has the exclusive right...

17 March

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How to Successfully Argue Wide Use Evidence in Trademark Opposition and Cancellation Cases in Vietnam?

Posted by Ly Dinh

in IP Practice, Trademark in Vietnam

Download Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how National Office of Intellectual Property of Vietnam (IP VIETNAM) evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights. Facts A recent case that exemplifies the above mentioned principle...

10 March

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How to use US patents to expedite Cambodian patent examination: A step-by-step guide

Posted by Ly Dinh

in Cambodia, Patent

Download The process of patent examination can be complex, time-consuming, and often leads to unpredictable outcomes. In order to provide greater predictability and streamline the process, Cambodia has implemented programs to expedite the examination of patent applications. These programs are the result of bilateral agreements between Cambodia and foreign countries, including the latest agreement with the United States on October 23, 2020. Under this agreement, Cambodian patent applications can be accelerated by relying on US patents during examination. Similar agreements with China, Singapore, Korea, Japan, and Europe have also allowed foreign patent owners to efficiently extend their patent rights to Cambodia. This...