12 May

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How is Goods/Service Relatedness Significant for Trademark Registration in Vietnam?

in Notable Articles, Trademark in Vietnam

Download The nature of goods/services is one of two prerequisite factors (together with trademark itself) in determinging the registrability of an applied-for mark. Before applying for a trademark registration, it is important to consider the goods or services that the trademark will be used for. Through a practical trademark case that KENFOX IP & Law Office has successfully overcome the provisional refusal issued by the Intellectual Property Office of Vietnam (IP VIETNAM), this article will explore the concept of goods/services relatedness and its importance in the trademark registration process in Vietnam. The factors that determine whether two goods or services are...

08 May

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How to Strategically Use Evidence in IP Infringement Cases in Vietnam?

Posted by Ly Dinh

in Notable Articles

The principle of “burden of proof” is essential to any legal dispute, and intellectual property infringement litigation is no exception. However, recent cases in Vietnam suggest that plaintiffs face significant challenges in meeting this burden, particularly when it comes to presenting evidence in support of their claims....

26 April

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Trademark Registration in Vietnam: What You Need to Know

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Trademark in Vietnam

Download Registering a trademark in Vietnam is a crucial step for any business or individual seeking to protect their brand and prevent unauthorized use by others. However, the process of registering a trademark can be complex and involves various steps that must be carefully followed. In order to successfully register a trademark in Vietnam, it is important to understand the availability searches, required documents for filing, the trademark examiner's steps and practices, how to respond to an office action, and the current protection of unconventional trademarks such as sound and smell marks. Additionally, understanding the implications of disclaimers in the trademark...

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...

27 February

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Trademark squatting – a concerning trend for the business owners in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark in Vietnam

Download The loss of a trademark can result in a loss of market access. Genuine products produced by the rightful trademark owner may turn out to be “counterfeits” if the trademark falls into the hands of a competitor. Furthermore, trademark speculators (squatters) also exploit registered trademarks as a legal tool to undermine the true trademark owner. The following case serves as a typical example, highlighting the ongoing relevance and practical value, while also emphasizing the costly lesson for all business entities in Vietnam. Intellectual property theft and brand infringement are becoming increasingly sophisticated and complex. Background HWASUNG is a trade name and trademark...

07 February

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Cease & Desist Letter in IPR Dispute and Infringement handling in Vietnam – What should be noted?

Posted by Ly Dinh

in Newsletters/ Publications, Notable Articles

Download Cease & Desist Letter (C&D Letter) on infringement of intellectual property rights (IPR) is considered a "soft" measure that is flexibly used by various rights holders to cope with alleged IPR infringements. In some cases, sending a C&D Letter instead of requesting intervention from the Vietnamese enforcement authorities seems to be effective as the infringement is immediately terminated. But all this may still be just the top of the iceberg. Sending a C&D Letter to the alleged infringer can sometimes put the right holder into unforeseen difficulties. From the perspective of the party that is alleged to be infringing on...

03 January

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Patent registration in Laos – 6 critical considerations

Posted by Ly Dinh

in Newsletters/ Publications, Notable Articles

Chinese Download Introduction Recently, the Department of Intellectual Property of Laos (DIP) granted the patent application titled "Printing apparatus and method thereof" filed by the Thai patent holder under the advice and representation of KENFOX IP & Law Office, with the following details: Patent: Application date: Application No.: Registration: Holder: Address: Printing device and method thereof February 5, 2016 23 August 1, 2022 MR. SUWATCHAI PROMBUT 36 Soi Nakniwat 21 Yak 2-1, Nakniwat Road, Ladprao, Ladprao, Bangkok, Thailand. Six critical considerations when registering a patent in Laos 1. Rights and interests for patent owners in Laos A monopoly granted by a patent is a territorial right, which means that an invention is only protected inside the territory of...

03 January

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

Posted by Ly Dinh

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...