12 March

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Trademark Litigation And Litigation Process In Vietnam

Download Vietnam’s intellectual property (IP) framework has evolved rapidly during the past two decades. Vietnam is a member of major multilateral agreements such as the Paris Convention, TRIPS Agreement, the Madrid Agreement/Protocol, the EU-Vietnam Free‑Trade Agreement and other bilateral agreements. These treaties and Vietnam’s Law on Intellectual Property (IP Law) (amended in 2022), Civil Code (2015), Civil Procedure Code (CPC) (2015), Penal Code, Criminal Procedure Code and implementing decrees (Decree 65/2023/ND‑CP, Decree 99/2013/ND‑CP etc.) form the core of the country’s trademark system Vietnam offers several avenues for trademark owners to enforce their rights, including administrative actions, civil litigation, criminal prosecution, and border control measures....

25 February

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Nearly 1,000 U.S. Patent Applications Terminated – A Cross-Border Compliance Crisis and the Lessons to Be Learned

Posted by KENFOX IP

in News, Notable Articles, Patent

The USPTO has terminated the proceedings of nearly 1,000 patent applications after discovering serious irregularities in filings handled through a cross-border “intermediary” model. The matter was triggered when a U.S. agency was found to have submitted documents using unauthorized electronic signatures of registered practitioners and/or applicants, prompting the USPTO to issue Show-Cause Orders across the portfolio. The core of this legal scandal lay in fundamental breaches of integrity: the U.S. attorney acted merely as a “signatory of convenience”, had no direct engagement with the ultimate client, and failed to verify the authenticity of the submitted filings. As a consequence, nearly 1,000 patent...

24 February

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MEGA MGC COFFEE: A “Reversal” Strategy and Lessons in Trademark Rights Establishment in Vietnam

Posted by KENFOX IP

in IP Practice, Notable Articles, Trademark in Vietnam, Vietnam

In Vietnam's trademark registration practice, numerous international brand owners have been forced to withdraw from the market upon facing a critical deadlock: their applications were refused due to conflicts with prior-filed marks. When the likelihood of reversing such a refusal is deemed “very low”, the boundary between successfully introducing a multi-million dollar brand into a new market and leaving empty-handed often hinges solely on a timely strategic decision. The case of MEGA MGC COFFEE - South Korea’s second-largest coffee chain - in Vietnam serves as a compelling illustration of such a turning point. In what initially appeared to be a foregone...

23 February

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

Posted by KENFOX IP

in Notable Articles, Viet Nam

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...

04 February

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Over 12,000 TECNO Mobile Phones Illegally Assembled in Lang Son: Criminal Case Initiated

Posted by KENFOX IP

in News, Notable Articles

On 24 April 2025, the Lang Son Provincial Police (Economic Police Division), in coordination with the Lang Son Provincial Market Surveillance Department, conducted an unannounced inspection of an illegal mobile-phone assembly site located at a workshop in Khon Pat Hamlet, Dong Kinh Ward, Lang Son City, Lang Son Province. Background of the TECNO Brand TECNO is one of the mobile-phone brands under Transsion Holdings, a smartphone manufacturer headquartered in Shenzhen, China. According to Canalys (as cited by VnExpress), in 2024 Transsion shipped approximately 106.7 million smartphones (representing 9% market share), ranking fourth globally behind Apple, Samsung, and Xiaomi; and, in Africa, Transsion’s...

24 November

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Patent Specification – How a Single Connector Word Can Decide the “Life or Death” of a Patent?

Posted by Dương Thúy

in Notable Articles, Patent, Vietnam

If you believe that the phrase “at least one of A, B, and C” in a patent specification always means “A or B or C”, it may be time to reconsider. In U.S. patent practice, the interpretation of this seemingly simple expression has sparked a debate lasting more than two decades – a debate that remains far from settled today. The controversy originates from the U.S. Court of Appeals for the Federal Circuit’s landmark 2004 decision in SuperGuide Corp. v. DirecTV Enters., Inc. In SuperGuide, the court interpreted the phrase to mean “at least one of A, and at least one...

10 November

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HAICNEAL vs. HAINOZAL: Stopping a Copycat Shampoo Line, Forcing Destruction of Labels and Printing Equipment, and Blocking a Trademark Hijacking

Posted by Dương Thúy

in Notable Articles, Trademark, Uncategorized, Vietnam

KENFOX IP & Law Office acted for Kunming Dihon Pharmaceutical Co., Ltd. (China), owner of the HAICNEAL medicated shampoo brand (), and its exclusive Vietnamese distributor, Dong A Pharmaceutical Trading Co., Ltd., after a Vietnamese company (ASEM VINA JSC) began producing and commercializing a shampoo using packaging that closely imitated HAICNEAL’s trade dress while marketing it under “HAINOZAL” ...

10 November

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Infringement ov er the trademark “SPY”: Tracking the Importer, Forcing Infringing Detergent off the Market, and Locking in Customs Protection

Posted by Dương Thúy

in Notable Articles, Trademark, Vietnam

Importer Identified, VIPRI Infringement Finding Secured, Multi-Agency Pressure Applied, Infringing Goods Removed from Market, Customs Protection Activated. KENFOX IP & Law Office represented MASSCO JSC, a leading Vietnamese chemical and cosmetics manufacturer and the registered owner of the “SPY” trademark (No. 231175), after an unauthorized seller began advertising “SPY” washing liquid on ZALO (a popular Vietnamese messaging / social commerce platform). Our investigation suggested that the products were imported from Thailand, so we moved immediately to identify the source. ...

07 November

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Trade Name Rights Defeat Trademark Squatting: LChau Pharmaceutical Company Keeps Its Brand and the Squatter Loses Registration in Court

Posted by Dương Thúy

in Notable Articles, Trademark, Viet Nam

KENFOX IP & Law Office has secured a major victory for LChau Pharmaceutical Company in a complex trademark-trade name lawsuit over the name “LChau”. This challenging case in Vietnam, which began in 2020 and spanned nearly 04 years, is not just a win for us; it’s a significant victory for our client, a leading pharmaceutical giant in Vietnam with a network of nearly 2000 drug stores across the country. Back in 2016, our client acquired a series of 04 pharmacies in Ho Chi Minh City, aiming to establish a comprehensive pharmacy ecosystem to meet the growing healthcare needs in Vietnam. ...