KENFOX IP & Law Office > Articles posted by Vu Thu Uyen

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

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. ...

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

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Why Trademark Opposition is a Must in 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...

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

[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...

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Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

[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...

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“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

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...

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

[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...

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

[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...

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KENFOX Partner Contributes to INTA’s Country Guide – Vietnam Chapter for Chinese Enterprises

We are proud to announce that Nguyen Vu Quan, Partner & IP Attorney at KENFOX IP & Law Office, has been recognized as a key contributor to the International Trademark Association's (INTA) prestigious "Guide to International Intellectual Property Practice" in the Vietnam Chapter. This recognition highlights Mr. Quan's expertise and deep knowledge of intellectual property (IP) protection in Vietnam, particularly for Chinese enterprises entering and operating in this growing and dynamic market. With over 20 years of practical experience in IP law, Mr. Quan provided insightful and practical answers to the comprehensive set of questions in INTA's guide. The guide covers...

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KOIPA Visits and Establishes Cooperative Relationship with KENFOX

Today, November 8th, 2024, Mr. James Yeah Hyuck Chung, Director of the Korea Intellectual Property Protection Agency (KOIPA), and Mr. Jisung Byung, Director of the Southeast Asia IP Center, visited the KENFOX IP & Law Office headquarters in Hanoi to discuss establishing a cooperative relationship between KOIPA and KENFOX to support Korean businesses in Vietnam. During the meeting, Mr. James and Mr. Jisung discussed a range of issues faced by Korean companies, such as trademark squatting, bad-faith trademark registrations by third parties, and the protection of patents and industrial designs of Korean companies in Vietnam. With 20 years of experience in the...

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