09 May

Sticky

Binh Minh vs Binh Minh Viet: What valuable observations can be made ?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Most people believe that in cases of IP infringement, an “expert opinion” (“Assessment Conclusion”) from specialized agencies like the Vietnam Intellectual Property Research Institute (VIPRI) serves as the definitive “gold standard”, providing the most reliable scientific basis for fair judicial decisions. But the recent, protracted trademark dispute between plastics giant Binh Minh and newcomer Binh Minh Viet challenges this very assumption, making many ponder: What occurs when a conclusion of "infringement" by the premier leading expert assessment body is dismissed by the court as "just for reference"? Is the expert “shield”, so trusted by rights holders, losing its inherent...

21 April

0 Comments

Sticky

KENFOX Presents Cross-border IP Strategies for Chinese Enterprises and Cooperates to Establish the Southeast Asia IP Workstation in Hanoi

Posted by Vu Thu Uyen

in News

[vc_row triangle_shape="no"][vc_column][vc_column_text] On April 18, 2025, KENFOX IP & Law Office was honored to be invited to participate in and deliver a presentation at an international event held in Weihai City, Shandong, China, with the important theme: "Cross-border Intellectual Property Risks in Economic and Trade Cooperation between China and Southeast Asia and Response Strategies". Representing KENFOX, Mr. Nguyen Vu Quan provided a detailed presentation on the prominent issues in this field. In his speech, Mr. Nguyen Vu Quan emphasized that Southeast Asia is currently emerging as an important hub for innovation and international trade. However, alongside attractive business opportunities, this region also...

25 March

0 Comments

Sticky

KENFOX Welcomes KOTRA, Korean Company, and Vietnamese Distributors for Working Visit

Posted by Vu Thu Uyen

in News

KENFOX IP & Law Office hosted a significant working visit on February 14, 2025, welcoming officials from the Korea Trade-Investment Promotion Agency (KOTRA), representatives from a Korean company, and their Vietnamese distributors. The meeting indicates the growing importance of intellectual property rights protection for Korean businesses operating in Vietnam. The visit serves as a positive step towards increased cooperation and development in the IP sector. With a rising trend among Korean companies seeking to protect their innovations and brands in the Vietnamese market, KENFOX IP & Law Office anticipates a promising 2025 filled with opportunities for collaboration and mutual growth. ...

05 March

0 Comments

Sticky

Genuine Goods, Trademark Infringement: The Rule One Proteins Victory in Vietnam

Posted by Vu Thu Uyen

in IPR enforecement, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Selling real products doesn't automatically give you the right to advertise using someone else's trademark. The Rule One Proteins case in Vietnam clearly demonstrates this important principle of intellectual property law. This case, in which KENFOX IP & Law Office successfully represented the trademark holder, shows that even when the goods are genuine, unauthorized use of the trademark for advertising and sales is infringement. Background: Rule One Proteins and the Vietnamese Market Rule One Proteins, LLC (RULE ONE), a US-based company with roots tracing back to the founders of the renowned Optimum Nutrition (ON) brand, has established itself as a leader...

03 March

0 Comments

Sticky

Why Trademark Opposition is a Must in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Many trademark owners might think that examiners at the Vietnam Intellectual Property Office (“VNIPO”) will automatically reject trademark applications that are strikingly similar to existing marks, but reality can differ surprisingly. The assumption that very similar trademarks, especially those registered for similar or related goods and services, will certainly be rejected is a common misconception. Due to unforeseen reasons during the examination process, even marks that appear confusingly similar can sometimes be granted protection. Therefore, if one becomes aware of a new trademark application in Vietnam that is substantially similar to their prior mark, especially for the same type of...

24 February

0 Comments

Sticky

Zhong Wu vs. ZHONGYU: Analyzing Trademark Differences Based on Which Principles in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Appealing a trademark refusal decision from the Intellectual Property Office of Vietnam (VNIPO) presents significant legal challenges, even with a single ground for refusal. Facing multiple grounds compounds the difficulty. However, KENFOX IP & Law Office recently succeeded in overturning a refusal for a trademark filed through the Madrid System designating Vietnam, despite the mark being rejected on three distinct grounds. What persuaded the VNIPO to reconsider its initial conclusion and ultimately recognize the distinctiveness of a trademark previously rejected for containing Chinese characters and exhibiting similarities to two cited marks? What lessons can be learned from this successful appeal? Background In...

11 February

0 Comments

Sticky

Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

Posted by Vu Thu Uyen

in Copyright, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Trademarks and copyrights – two concepts that may seem familiar, yet they harbor a wealth of legal complexities. Many mistakenly assume that obtaining a Trademark Registration Certificate grants them a "carte blanche" to use the logo without any further considerations. However, the reality is far from simple. In fact, it demonstrates that trademark registration and the issue of copyright infringement are two entirely distinct legal realms. KENFOX IP & Law Office analyzes the core differences, explores the points of intersection, and, in particular, elucidates why, even with a registered trademark, the potential for copyright infringement persists. In reality, there are...

17 December

0 Comments

Sticky

“The Know Before You Go”: A Crucial Guide for Chinese Trademark Owners in Vietnam/ “行前须知”：中国商标持有人在越南的必备指南

Posted by Vu Thu Uyen

in News, Trademark

It is with great honor that we announce the contribution of our senior partner, Mr. Nguyen Vu Quan, to the INTA country guide "The Know Before You Go", specifically the Vietnam Chapter for Chinese enterprises. Mr. Quan's dedication and extensive expertise have enabled him to provide in-depth and practical insights on a variety of trademark-related issues, crucial for addressing the complex IP landscape in Vietnam. 我们非常荣幸地宣布，本所高级合伙人阮武权先生（Nguyen Vu Quan）为INTA国家指南“出行须知”（The Know Before You Go）做出了贡献，特别是为中国企业撰写了越南章节。权先生凭借其奉献精神和丰富的专业知识，对各种商标相关问题提供了深刻且实用的见解，这对于应对越南复杂的知识产权格局至关重要。 Answering questions for INTA’s country guides demands not only time and effort but also profound expertise and practical experience. This is particularly true in the context of Vietnam, where IP...

11 December

0 Comments

Sticky

Fast-Tracking Patent Examination in Vietnam: Utilizing Foreign Examination Results

Posted by Vu Thu Uyen

in Notable Articles, Patent

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Fast-tracking Vietnamese patents is a common goal for applicants, especially considering Vietnam's status as a hotbed for foreign investment and the typically long patent prosecution timelines. The standard patent examination process in Vietnam can take 3-5 years or even longer. This delay can significantly impact a company's ability to exploit its invention and gain a competitive edge. The extended prosecution time eats into the effective life of a patent, leaving less time for companies to recoup their R&D investment and generate returns after the patent is granted. Therefore, expediting patent grants is a pressing need for many patent owners...

06 December

0 Comments

Sticky

Invalidation of a European Patent: How can it impact your patents in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Patent

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Many businesses worry that the invalidation of a European patent will automatically lead to the loss of protection in Vietnam. Can a decision to invalidate a patent in Europe truly "cross borders" and affect your patent in Vietnam? KENFOX IP & Law Office provides detailed guidance on the relationship between patent invalidation in Europe and its impact on patents in Vietnam. It can be affirmed that, although the invalidation of a European patent may affect a Vietnamese patent, it does not "automatically" lead to the invalidation of the patent in Vietnam. Vietnam's patent protection system operates independently from Europe's. A patent...