23 February

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Trademark Application & Registration Process: A Comprehensive Guide For Foreign Enterprises in Vietnam

Entering the Vietnamese market requires securing your trademarks early. Vietnam is a first-to-file jurisdiction - priority generally goes to whoever files first, not whoever used first. This means foreign businesses should register their trademark in Vietnam as soon as possible to prevent local “squatting”. Unregistered signs - well-known marks, trade names, and commercial indications protected against unfair competition - are statutorily protectable in Vietnam. However, establishing such rights through evidence of actual use and reputation is demanding and often uncertain. Accordingly, unregistered brands face heightened misuse risk, so registration remains the most reliable path to protection and enforcement. Registering your...

17 April

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Interim guidance for handling IP-related applications under the Amended IP Law 2022

Posted by Vu Thu Uyen

in News, Notable Articles, Viet Nam

Download The Amended Intellectual Property Law 2022 (“Amended IP Law 2022” or “the prevailing law”) has been in effect since 1 January 2023, offering the expected benefits of of comprehensiveness and harmonization. This Amended IP Law 2022 promises to be a helpful tool for IPR holders and practitioners, with more than 100 amended and added articles covering a wide range of IP subject matters, including inventions, designs, trademarks and copyrights. As a matter of principle, following the amendments made to a law in Vietnam, pertinent sub-law documents such as government decrees and ministerial circulars need to be amended or replaced in...

12 January

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5 questions to assess whether your product infringes patents in Vietnam

Posted by Quyen Nguyen

in Patent, Viet Nam

Download You are a patent holder who suspects that a competitor's product is being manufactured in violation of your patent rights. In a different context, you wish to bring a product to market but are unsure whether it infringes on a protected patent in Vietnam. Of course, regardless of what context, whether you are a patent owner or a manufacturer of an unpatented product, the simplest way to determine patent infringement is to file a patent infringement assessment with the Vietnam Intellectual Property Research Institute (or "VIPRI" for short). However, this assessment will cost a considerable amount of money, so it...

03 January

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How to file a complaint about intellectual property rights infringement on Shopee and Lazada in Vietnam?

Posted by Quyen Nguyen

in News, Notable Articles, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download After the slowdown of the Covid-19 pandemic, digital sales and purchase activities still continues to experience robust growth. Now, consumers are accustomed to purchasing their favorite things without visiting shopping centers or storefronts. E-commerce websites or platforms serve as a bridge between buyers and sellers, connecting them and addressing all of their needs. When the anti-IPR infringement mechanism on e-commerce platforms/websites is still weak, the explosion of transactions on e-commerce platforms/websites is also posing challenges for intellectual property rights holders. Meanwhile, the fact that so many online sales accounts and adverts have been formed makes it impossible for consumers...

26 May

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Strategies for effective IP management and commercialization in Vietnam

Posted by KENFOX IP

in Viet Nam, Vietnam

For the effective development, management, and exploitation of intellectual property, it is crucial that organizations doing business in Vietnam should comprehend their current awareness of intellectual property as an asset and their desired awareness in order to maximize value for their stakeholders. Intellectual property can provide stakeholders with value at the following levels: (i) Defensive; (ii) Cost Control; (iii) Profit Center; (iv) Integrated; and (v) Visionary....

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. ...

17 April

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

Posted by KENFOX IP

in Case Studies, Viet Nam

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...