KENFOX IP & Law Office > Case Studies

How to effectively handle a trademark infringement in Cambodia?

Generally, when trademark infringements occur in Cambodia, the trademark owner may resort to administrative, civil, criminal procedures, or border control measures in order to protect their rights. From our experience, most of trademark infringement cases in Cambodia are handled through the administrative proceedings with the involvement of Cambodian Department of Intellectual Property ...

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Case study 29: Overcoming Relative Ground Refusal Against International Registration Designating Cambodia

Overview of the Madrid System of International Registration: The Madrid system of international registration is governed by two treaties: (i) the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and (ii) the Protocol Relating to the Madrid Agreement, which was adopted in 1989, entered into force on 01 December 1995, and came into operation on 01 April 1996. Cambodia is party only to the Protocol, not to the Agreement. The Madrid Protocol became effective in Cambodia on 05 June 2015. ...

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Case study 28: Overcoming trademark refusal in Vietnam arising from multiple grounds of rejection, difficult but not impossible.

It is no doubt very difficult to overcome a refusal against a trademark which arise from conflicts with earlier mark(s), especially when more than one grounds of rejection are raised. How to overcome multiple grounds of rejection against an applied-for trademark requires in-depth knowledge, expertise and experience from IP practitioners.  Our firm, KENFOX IP & LAW OFFICE has succeeded in a trademark case which confronted two times of refusal based on two grounds of subjection (i.e. absolute and relative ground) from the Intellectual Property of Vietnam (“IP Vietnam”), under which our client’s applied-for trademark has been accepted for registration in...

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Case Study 26: Facing civil remedies due to improper use of a registered trademark in Vietnam

In 2015, Dong Phuong Company detected that A Sanzo Company used the sign “ ” (“Asanzo, device”) to affix on various products such as television, air conditioners and other consumer goods. To take actions against A Sanzo Company, in July 2015, Dong Phuong Company requested a bailiff service provider to document the evidence of alleged infringement against A Sanzo Company for selling products bearing the sign “Asanzo, device” in various products and business means....

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Questions on border control measures in Cambodia

1. Whether it exists the customs filing for trademarks in Cambodia. If exists, please kindly send us the basic introduction of the customs system. Our advice: Cambodia has not initiated a formal Customs recordation system. In other words, customs recordal is not available in Cambodia now. However, upon detecting an allegedly trademark infringement goods consignment to be imported into Cambodia, the trademark owner may request to the Cambodian customs authorities to suspend customs clearance. (Article 35: The owner of any registered trademark may make application to the customs or the competent authorities or court to suspend clearance of goods suspected of being...

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Case Study 23: A court case concerning well-known trademark “X-Men” between Marvel Characters Inc. and the Vietnamese applicant

A recent court case has attracted significant public attention in Vietnam: Marvel Characters Inc., USA v. the National Office of Intellectual Property over registration of the trademark “X-MEN & device” in the name of ICP, a Vietnamese company. Although it’s no surprise that the NOIP won against Marvel, this case may still be considered as important in the development of the IP protection system in Vietnam and showed the need for improving professional capabilities of Vietnamese judges in this new and specialized legal field....

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Case Study 22: Typical competition restriction cases in Vietnam

Abusing dominant position in the market: Case 1: In 2007 THP filed a complaint with the Vietnam Competition Authority (VCA) against Vietnam Brewery Limited (VBL) – a producer of Tiger and Heineken beer. THP alleged that VBL had abused its dominant position in the premium beer market in some big cities in Vietnam to deter new competitors. The VCA’s investigation mainly focused on identifying the relevant market, determining if VBL had a dominant position in that market and collecting evidence to prove the exclusive dealing conduct. The relevant market in this case was identified by the VCA as the beer market...

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