08 July

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Color Trademark Litigation: Key Takeaways for Companies in Vietnam

Colors are not just about aesthetics, they are the soul of a brand. In a landmark ruling, the German Supreme Court has confirmed that the gold color of the Lindt Gold Bunny can enjoy unregistered trademark protection in Germany. This decision marks a victory for Lindt in a years-long legal battle to protect its iconic product – the well-known chocolate bunny – from trademark infringement....

27 June

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Unveiling a Counterfeit Food Supplement Ring: Criminal Prosecution for a Korean Trademark Counterfeiting Case

Posted by Ly Dinh

in Case Studies, Notable Articles

According to the National Steering Committee 389, the year 2023 witnessed an alarming increase in acts of counterfeit production, trade, and infringement of intellectual property rights (IPR). The number of cases recorded in 2023 was over 4,000, an increase of more than 126% compared to the same period in 2022. Notably, many cases have been handed over to the police for prosecution on charges related to counterfeit production, trade, and IPR infringement....

24 April

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Understanding IP Law in Vietnam: Why Selling Genuine Products Might Still Be Infringement?

Posted by Vu Thu Uyen

in Case Studies, IP Practice, Notable Articles

1. RULE ONE is a corporation with over 10 years of experience in the field of fitness and sports supplements. Established in 2014 by the Costello family, who also founded the renowned Optimum Nutrition (ON) brand, known worldwide for the legendary Whey Gold Standard. After selling the ON brand to Glanbia five years ago, the Costello brothers developed a new brand. They continued to leverage the technology from their previous brand while incorporating modern advancements. Among their most prominent products are R1 Protein, R1 Gain, R1 BCAA, R1 Casein, R1 Energy+, and R1 Pre Amino. Rule 1 Protein, a premium...

23 September

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How to respond to pharmaceutical trademark refusals in Cambodia?

Posted by KENFOX IP

in Cambodia, Case Studies

The increasing number of trademarks, especially pharmaceutical trademarks, and the excessively stringent examination of trademarks are the primary reasons for various trademark refusals in Cambodia. Examiners from the Cambodian IPO frequently cite prior marks that appear to be quite similar to applied-for marks at first glance, but are distinguishable when examined more closely. However, if an applicant's trademark application is refused and the applicant chooses to abandon/ do not pursue a trademark application, continuing to use the refused trademark in commerce is a risky decision. Utilizing a trademark that is found to be confusingly similar to another party's trademark may...

23 September

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Court Case: A Cybersquatting Case Brought To Court For Hearing In Vietnam

Posted by KENFOX IP

in Case Studies, Newsletters/ Publications

https://kenfoxlaw.com/wp-content/uploads/2021/09/Mondaq-A-Cybersquatting-Case-Brought-To-Court-For-Hearing-In-Vietnam.pdf

O.S GmbH is a multinational lighting manufacturer headquartered in Munich, Germany ("the plaintiff"). The plaintiff is the owner of a series of OSRAM trademark for lighting apparatus, especially electric lamps and luminaires; parts of the aforesaid goods; light-emitting diode lamp modules, being protected in Vietnam. The plaintiff detected that two ccTLD (osram.com.vn) and (osram.vn) ("Disputed Domain Names") were registered in 2014 by a natural person in Vietnam, N.D.T ("the defendant") and were resolved to the defendant's active websites. The websites under the Disputed Domain Names were promoting and offering for sale of the plaintiff's products bearing the "OSRAM" mark. ...

23 September

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Court Case: A Cybersquatting Case Brought To Court For Hearing In Vietnam

Posted by KENFOX IP

in Case Studies, Newsletters/ Publications

11 May

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Giống mà không giống, đâu là ngưỡng phân biệt các nhãn hiệu tương tự tại Việt Nam?

Posted by KENFOX IP

in Case Studies, Viet Nam

Bên cạnh Nhãn Hiệu Chữ, ngày càng có nhiều chủ sở hữu nhãn hiệu có xu hướng đăng ký logo hay biểu tượng do họ sáng tạo ra làm Nhãn hiệu để thương mại hóa các sản phẩm/dịch vụ của mình. Logo hay biểu tượng được xếp là loại Nhãn Hiệu Hình...

10 May

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Similar trademarks, but whether they reach the threshold of confusion are the key to overcoming trademark refusals in Vietnam

Posted by KENFOX IP

in Case Studies, Viet Nam

Apart from word marks, a growing number of trademark owners are registering their logos or symbols as trademarks to commercialize their goods/services. Logos or symbols are categorized as device marks. ...

08 October

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Overcoming Notification of Provisional Refusal against an IR designating Cambodia – what should be taken into account?

Posted by KENFOX IP

in Case Studies

Download Overview: As you know, Cambodia became a member of the Madrid System for the International Registration of Mark on 05 June 5 2015. The system facilitates the filing of applications in multiple countries around the globe. Rather than having to file a trademark application in each country, a trademark owner can file a single application with their national or regional IP office, and then designates protection of their mark in Madrid member countries. This greatly simplifies and reduces the cost of the process, however in case your trademark faced a provisional refusal by the Department of Intellectual Property of Cambodia, what...

08 October

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What to do to overcome a provisional refusal in Cambodia due to a prior mark where the trademark applicant and the cited trademark owners are actually one entity?

Posted by KENFOX IP

in Case Studies

As you know, Cambodia became the 95th member of the Madrid System, following the deposit with the Director General of WIPO on March 5, 2015, of its instrument of accession to the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The Protocol enters into force, with respect to Cambodia, on June 5, 2015. With this accession, the applicant just having to file a trademark application in each country, a trademark owner can file a single application with their national or regional IP office, and then designates protection of their mark in Madrid member countries, including...