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IP Assessment and Dispute Resolution in Vietnam: VIPRI’s Contributions and Statistics

Download The Vietnam Intellectual Property Research Institute (VIPRI) is a specialized research institution that operates under the Ministry of Science and Technology in Vietnam. The primary mission of VIPRI is to provide expert opinions and assessments related to industrial property infringement cases. In particular, VIPRI focuses on industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications. As a specialized research institution in Vietnam, VIPRI provides expert opinions and assessments to concerned parties such as Vietnamese enforcement authorities, IPR holders, and alleged infringers. As of April 2023, VIPRI has only received...

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

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...

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Exploring cosmetic registration and IPR protection in Vietnam: Korean company visits KENFOX IP & Law Office for business insights

On March 14, 2023, our law firm, KENFOX IP & Law Office, had the honor of participating as a speaker at a seminar in Seoul, jointly organized by KITA and KMDIA. Following this event, we were delighted to receive a visit from a Korean company at our office in Hanoi, seeking our assistance with cosmetic registration and intellectual property rights protection in Vietnam. The Korean cosmetic company demonstrated an understanding of the significance of safeguarding their intellectual property rights in Vietnam, as well as the promising opportunities for expansion in the local cosmetic market. After joining the seminar in role of a...

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Key takeaways from the recent trademark assessment conclusion issued by the Vietnam Intellectual Property Research Institute

KENFOX IP & Law Office

Download Background: HOA SEN Vietnam Co., Ltd is a company engaged in design, art design, advertising, and communication. In 2013, HOA SEN Company registered a mark including the verbal element "HOA SEN" in combination with a number of other elements (HOA SEN, device) at the Intellectual Property Office of Vietnam (“IP Vietnam”) for 04 classes of services including: Trademark:        HOA SEN, device Class 35:          Advertising services, presentation/display of goods on communication media for sales. Class 40:          Printing services. Class 41:          Television program production activities; photography; organizing cultural, artistic and sports events Class 42:          Print product design service In 2017, the distributor and sales agent...

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

[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...

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Pre-filing trademark search in Vietnam – A small but significant step!

Download Numerous business owners believe that the brand or logo they created is original and unique, hence it is unquestionably possible to register/protect. Applying to register a trademark application in a hurry is a common mistake made by many Vietnamese businesses. Occasionally, the price they pay for their hurry is not inexpensive. If you risk using your trademark without determining if it is comparable to or in conflict with the marks of other companies or individuals, you run the danger of becoming embroiled in a dispute or being forced to become engaged in one. 1. Why is it important to conduct an...

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How to overcome Vietnam’s refusal of allegedly descriptive trademarks?

Numerous trademark applications in Vietnam are denied for the following reasons: The trademarks do not meet the protection requirement since they are regarded as descriptive of the goods/services in question. Trademarks that include only signs used in commerce to indicate the type, quality, quantity, intended use, value, place of origin, of the goods, or the time of manufacture, or signs that have become customary in Vietnam, are considered descriptive of certain properties or characteristics of the intended goods/services, and thus cannot perform the function of trademarks and are not protected....

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How did “DING TEA” milk tea win the brand battle in Cambodia?

Download 1. Cambodia is an emerging market that attracts substantial foreign investment in Southeast Asia. Every year, tens of thousands of trademark applications are filed directly in Cambodia or through the Madrid system, and millions of registered trademarks have been published in the national register. Therefore, securing a trademark registration in Cambodia is not a simple course of action, because it is very easy for a mark to be deemed confusingly similar to an earlier mark, not to mention the fact that many trademark applications may be rigidly refused by the examiner. Then, without the support of IP attorneys with extensive...

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