KENFOX IP & Law Office > Articles posted by Vu Thu Uyen (Page 8)

Trademark Refusal in Vietnam, Laos and Cambodia: The Fine Line Between Descriptive and Suggestive

Download Trademark registration is an essential step for any business seeking to protect its brand identity and intellectual property. However, the process of trademark registration can be challenging, particularly when a mark falls into the gray area between being descriptive or suggestive. In Vietnam, Laos, and Cambodia, as in many other countries, trademarks that are deemed purely descriptive are not eligible for protection under trademark law but a suggestive mark may be eligible for registration and protection. However, determining whether a mark is descriptive or suggestive can be a challenging and subjective task, and there is often a thin line...

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Is the use of a trademark on the website considered admissible evidence against a trademark invalidation in Vietnam ?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Any third party may file a request with the Intellectual Property Office of Vietnam to cancel the registration of a trademark if it has not been utilized by its owner for five years from the date of registration. This procedure serves to cancel trademarks that exist in the register but are not used in practice, and also to prevent trademark squatting that aims to block identical marks from entering the market. However, the absence of clear guidelines on the "use of trademark" in Vietnam's intellectual property law may hinder the institution's ability to invalidate trademarks based on non-use grounds...

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Is a trademark published after its registration in Laos?

The publication of a trademark in the industrial property gazette serves as public notice of the trademark registration and provides information about the trademark to the public. The post-registration publication of a trademark application provides potential infringers with notice of the trademark owner’s rights. It also provides an opportunity for third parties to file a cancellation action against the trademark registration if they believe that it infringes on their rights or is otherwise inappropriate. This makes trademark registration fair and transparent. After a trademark is registered, the Department of Intellectual Property of Laos must publish the trademark registration in the Official...

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What are advantages of prior use of trademarks in Laos?

The use of an unregistered trademark comes with certain risks, such as the possibility of infringing on the trademark rights of others if the unregistered mark is deemed confusingly similar to a prior registered trademark. However, there are also some potential benefits to using an unregistered mark before applying for registration, for example: (i) Increasing chance of success in registering marks of low disctinctiveness: In some cases, a descriptive trademark may become distinctive through widespread use prior to the filing date. In these situations, the trademark applicant can overcome objections related to lack of distinctiveness by providing evidence that their trademark...

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How to cancel/invalidate a trademark registration in Laos ?

Trademark cancellation proceedings in Laos serve as a crucial legal avenue to remove a registered trademark from the trademark register. This process can be initiated by anyone who believes that the trademark in question should not have been registered or that the trademark owner is no longer using the trademark in commerce. At KENFOX, we understand the significance of trademark cancellation and provide a comprehensive guide to help you navigate the process effectively. Whether you believe a registered trademark should not have been granted or that the trademark owner is no longer using the mark in commerce, understanding the grounds,...

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Can we file a request for recordal of changes for trademark registration and obtain a duplicate of a Trademark Registration Certificate in Laos?

Can we file a request for recordal of changes for trademark registration in Laos? Regularly reviewing trademark registration to ensure that it remains accurate and up-to-date is critical. After a trademark is registered, a requirement for recordal of change of the trademark registration may arise in the following scenarios: (i)  Change in the goods/services: If the trademark owner may need to limit/delete some goods/services under the registered mark. (ii) Change in the trademark use or the trademark image: If the trademark owner has changed the way that they use the trademark, they may need to make changes to their trademark registration to reflect...

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Can the type of the mark and trademark application be amended in Laos?

Can a trademark application be amended in Laos? During the examination period, the trademark applicant can amend the application at any time, provided that such amendment is performed before the registration of the mark, final refusal, or at the end of other considerations of said application, without having to pay official fees and service fees. The amendment must not add a list, a class of goods, or a service, or make any changes to the original characteristics of the mark in the application. Can the type of the mark be amended in Laos? You can amend any mark type specified in an initial...

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How can applicant deal with a trademark disclaimer in Laos?

A trademark disclaimer is construed as a declaration issued by the owner of a trademark declaring that the trademark does not contain specific rights to certain terms or features included in the trademark. This statement is provided by the trademark owner. The purpose of a disclaimer is to clarify the scope of trademark rights and eliminate any potential for confusion with comparable trademarks. Laos has disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive). In practice, it is not mandatory to clearly indicate a disclaimer to the element...

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How can one file a trademark opposition in Laos

After the formality examination for a trademark application is completed, DIP will publish the trademark application in the Official Gazette of Registration of Industrial Property within 15 days. Third parties can submit a Notice of Opposition to a trademark application in Laos within 60 days as of the date of publication in the Official Gazette of Registration of Industrial Property. This timeline is non-extendable. Required documents: A Notice of Opposition of a Trademark registration in Laos must include the following documents: (i)  The application form for opposition of a Trademark registration; (ii) The documents and evidence clarifying the opposition; (iii) The fee service receipt. Processes of...

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How to enforce trademark rights in Laos?

Enforcement of a trademark means taking measures to prevent unauthorized use of the trademark. Depending on the jurisdiction and the circumstances, the particular processes for enforcing a trademark will vary, however some common strategies for enforcing a trademark include: Monitor the use of your trademark: Regular monitoring of your trademark can help you detect any unauthorized use of your trademark, and take appropriate action to enforce your rights. Send a cease and desist letter: If you become aware of someone using your trademark without your permission, you can send a cease and desist letter, which is a formal request to stop the...

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