04 November

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Trademark Enforcement Beyond Products: Forcing a Vietnamese Company to Change Its Name and Surrender a Confusing Domain to the US trademark holder

in Notable Articles, Trademark, Viet Nam

Download 1. Snapshot of the Case IMOST Action Forces Name Change and Domain Transfer Despite Prior-Use and Coexistence Defenses KENFOX IP & Law Office represented CVX Pharmacy, a U.S. retail pharmacy chain with registered trademarks in Vietnam covering pharmaceutical products (Class 05) and medical apparatus (Class 10), in an action against a Vietnamese company (“CVX Pharmaceutical Co., Ltd.”) that had adopted a company name highly similar to CVX’s mark and registered a matching domain/website to present itself as if affiliated with CVX. The matter was complicated by the presence of another Vietnamese company (“CVX Medicine Trading Co., Ltd”) whose almost identical company name...

04 November

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Lacoste: Disrupting Wholesale Counterfeit Supply in Hanoi’s Old Quarter – 1,073 Items Seized, Factory-Scale Source Neutralized, Administrative Fine Imposed

Posted by Vu Thu Uyen

in IPR enforecement, Notable Articles, Trademark in Vietnam, Vietnam

KENFOX IP & Law Office represented Lacoste in a coordinated anti-counterfeiting action targeting two apparel shops in Hanoi’s Old Quarter that, following pre-raid investigation, were confirmed to be operating as upstream wholesalers of counterfeit Lacoste garments. After compiling evidence that these locations were supplying fake “LACOSTE” and crocodile-logo apparel into the broader Hanoi retail network, we escalated the case to the Inspectorate of the Ministry of Science & Technology (IMOST) for administrative enforcement. IMOST conducted raids on the identified premises, seizing 1,073 counterfeit garments and imposing administrative fines totaling VND 183,360,000 on the two wholesalers. The seized inventory was ordered...

04 November

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Shutting Down Lookalike Packaging Through Unfair Competition Law – PROSPAN vs. PROSTIBAME

Posted by Vu Thu Uyen

in IPR enforecement, Notable Articles, Trademark, Vietnam

KENFOX IP & Law Office acted for Engelhard Arzneimittel GmbH & Co. KG. (Germany), owner of the “PROSPAN” cough remedy brand ( ), and its exclusive Vietnamese distributor, SOHACO, after a Vietnamese company (VINH AN THANG LONG Investment JSC) began marketing a PROSTIBAME cough “dietary supplement” in packaging deliberately modeled on PROSPAN’s presentation. The infringer avoided direct trademark conflict by using a different word mark (“PROSTIBAME”) (), and PROSPAN’s outer packaging had not been separately registered as a “trademark” or an “industrial design” in Vietnam - making a traditional infringement claim difficult. KENFOX responded by treating the dispute as an...

18 October

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Trademark Use in Vietnam: How to Correctly Understand and Effectively Rebut Non-Use Cancellation Attacks

Posted by Dương Thúy

in Notable Articles, Trademark, Vietnam

In Vietnam, owning a trademark registration is only half the battle - keeping it alive is where the real challenge begins. Many foreign businesses secure broad protection for their brands across a wide range of goods and services, only to discover years later that their registrations are vulnerable to non-use cancellation. What if your products haven’t yet entered the Vietnamese market? What if your app or website is used by Vietnamese consumers but your company is based abroad? Does that count as “use”? Vietnam’s IP Law draws a fine line between registered rights and active rights - and the distinction can...

03 October

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Identical Filing Dates, Identical Marks: Vietnam’s Resolution Mechanism and How Businesses Should Respond?

Posted by Dương Thúy

in Notable Articles, Trademark, Viet Nam

Download In practice, it is not uncommon for two entirely independent entities to file applications to protect an identical or similar sign for the same goods/services - sometimes even on the very same day. What may appear to be a mere coincidence, however, presents an intriguing legal question: when both applications satisfy the filing-date requirement equally, who has priority? Who will be the lawful owner of the mark? In a rare case, a client of KENFOX IP & Law Office - Eurotek Vietnam Lubricants Co., Ltd. (Công ty TNHH Dầu nhớt Eurotek Việt Nam) - filed an application for the mark “”...

26 September

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“Bad Faith”, “Conflict of Rights”, and “IP Abuse” in Vietnam: What Lessons Can Be Drawn from the “Foellie” Trademark Dispute?

Posted by Dương Thúy

in Notable Articles, Trademark, Vietnam

On 15 September 2025, the Intellectual Property Office of Vietnam (“VN IPO”) issued a Decision No. 205432/QĐ-SHTT annulling the validity of Certificate of Trademark Registration No. 525787 for “FOELLIE” in the name of Lưu Ngọc Anh, thereby ending four years of dispute and bringing an end to a pattern of abusive assertions of IP rights. For Laorganic Co., Ltd. (Korea) - the true proprietor of the “” (“Foellie”) mark - this Decision is not merely a matter of victory or defeat. Beyond restoring their name as the rightful owner, it revives the entire commercial flow that had been throttled by...

22 September

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Trademarks in the Metaverse: How to Effectively Protect Trademarks for “Physical” Products in the Virtual Space in Vietnam?

Posted by Dương Thúy

in Notable Articles, Trademark in Vietnam

Trademark disputes are becoming increasingly diverse, complex, and unceasing. Does the owner of a trademark for a “physical” automobile or watch, protected in Vietnam, China, or any other country, have the right to prevent a "virtual" version of the same product from appearing in an online game - with its logo intact and players willing to spend real money to acquire it? In a broader sense: Can using a mark on a virtual goods infringe the trademark for a physical goods? Traditionally, trademark infringement has been assessed based on the likelihood of confusion, in which the similarity between goods or...

17 September

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Freedom to Operate (FTO) in Vietnam: Why and How you can conduct an FTO before product launching?

Posted by Dương Thúy

in Notable Articles, Patent, Viet Nam

Launching a product in Vietnam without an FTO check is like driving at night with the headlights off, possible, but risky and expensive. Vietnam recognizes utility solutions (utility models), a powerful doctrine of equivalents in infringement analysis, and broad “Bolar”-style regulatory approval exceptions. Knowing which of these helps you, and which hurts you, often decides whether your launch flies or stalls. For foreign enterprises considering entry into the Vietnamese market, conducting a Freedom-to-Operate (FTO) search is not a simple administrative box to check; it is a critical, proactive tool for risk mitigation and strategic business planning. In a rapidly evolving economic...

28 August

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Punitive Damages in Trademark Infringement: From a Chinese Precedent to a Legal Void in Vietnam

Posted by Dương Thúy

in Notable Articles, Trademark, Vietnam

The act of “repeat infringement” has long been considered a basis for imposing harsher sanctions, including punitive damages. China’s legal system expressly allows this approach, but proving repeat infringement in practice requires a clear and convincing chain of evidence. A recent ruling by the People’s Court of Yuexiu District, Guangzhou, in a dispute involving Cartier, illustrates how Chinese courts evaluate evidence to establish repeat infringement and justify punitive damages. The case highlights the practical methods right holders can employ to strengthen their claims, while also exposing the current legal gap in Vietnam, where punitive damages remain unavailable. Background Cartier, a globally recognized...