KENFOX IP & Law Office > Notable Articles (Page 2)

Common Misconceptions and Legal Risks of Using the ® Symbol in Vietnam

In Vietnam, it is not uncommon for businesses to underestimate the legal significance of using the registered trademark symbol ®. Many mistakenly believe that placing the ® symbol on a trademark that is still pending registration - or even one for which no application has been filed - poses little or no legal risk. Some may view it as a harmless marketing tactic or an acceptable placeholder while waiting for registration approval. However, the reality is far more serious. Under Vietnamese law, such misuse can expose businesses to a range of legal consequences, including administrative sanctions, fines, reputational damage, and...

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Chinese-character Trademarks in Vietnam: Do You Need to Register Them in Vietnamese?

In the context of deep international economic integration, foreign businesses, especially those from countries using ideographic scripts such as China, Japan, and South Korea, often face an important question when entering the Vietnamese market: “Is registering a trademark in Chinese characters (or other non-Latin scripts) sufficient for comprehensive brand protection in Vietnam, or is it necessary to additionally register a trademark in the Vietnamese language (either as a transliteration or translation)?”...

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Protection of Famous Names Under Trademark Law: Lessons from the Usain Bolt Case and Vietnamese Practice

The successful opposition by Usain Saint Leo Bolt ("Usain Bolt") against the trademark application "" in China stands as a prime example of how the China National Intellectual Property Administration (“CNIPA”) recognizes and protects the rights attached to a famous personal name, even where no trademark registration exists in China. The CNIPA’s decision has set a noteworthy precedent for legitimate foreign brand owners: even without formal trademark registration, individuals with a high level of fame and a strong association between their name and identity may still be afforded legal protection. Significantly, the CNIPA did not limit its assessment to the...

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Trademark Examination Processes in Vietnam: Why You Need to Monitor Every Step to Avoid Costly Delays

The trademark examination process in Vietnam involves formality examination, publication, substantive examination, and a decision on registration or refusal. The process typically takes 12 to 18 months, but can be longer if there are objections or oppositions.  With extensive practical experience, KENFOX IP & Law Office provides comprehensive representation services, assisting trademark owners in closely monitoring each step of the registration process to ensure timely, lawful execution of procedures and to avoid potential risks....

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Vietnam’s Intellectual Property Legal Framework: Opportunities and Challenges for Foreign Investors

Vietnam has developed a comprehensive legal framework for intellectual property (IP) rights that is increasingly important for foreign investors. As Vietnam’s economy integrates globally, its IP laws have evolved to align with international standards (e.g. WTO TRIPS Agreement) while addressing local enforcement challenges. KENFOX IP & Law Office, with its practical and extensive expertise in IP field, provides a comprehensive overview and analysis of Vietnam’s IP legal system, covering the main IP categories (copyright, trademarks, patents, industrial designs, trade secrets), key legislation and agencies, recent legal reforms, enforcement mechanisms, international treaty commitments, and practical guidance for foreign companies, enableing foreign trademark...

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The Vietnamese Court System: Why the 2024 Law on Organization of People’s Courts and 2025 Amendments are Deemed a “Major Judicial Overhaul”?

The People's Court system of Vietnam is undergoing one of its most significant reform periods since its establishment, with profound changes likened to a "major judicial overhaul". On June 24, 2024, the National Assembly officially passed Law on Organization of People's Courts No. 34/2024/QH15, which comprehensively replaces the 2014 Law on Organization of People's Courts (No. 62/2014/QH13). This new law, abbreviated as the 2024 Law on Organization of People's Courts, takes effect on January 1, 2025, and comprises 9 chapters and 152 articles, specifically stipulating the position, functions, duties, powers, and organizational structure of the People's Court system....

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Registering Class 35 – A Choice or an Imperative Strategy in Vietnam, Laos, and Cambodia

In the markets of Laos, Cambodia, and Vietnam, registration under Class 35 is no longer merely an option—it has become an essential requirement for securing robust and comprehensive brand protection. The prevailing practice of prioritizing Class 35 in trademark examination within these jurisdictions is not just procedural in nature; it constitutes a strategic key that enables businesses to significantly enhance their trademark protection—often exceeding expectations....

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Delegation and Decentralization of IP Rights in Vietnam – What Right Holders Must Know Under Decree 133/2025/ND-CP?

Decree 133/2025/ND-CP (issued on June 12, 2025) marks a significant administrative reform in the field of science and technology, including intellectual property (IP). This Decree stipulates the delegation and decentralization of certain state management tasks concerning IP from the central level (Ministry of Science and Technology/IP Office of Vietnam) to the provincial-level People's Committees (PCs). The Decree takes effect from July 1, 2025, and will be piloted until March 1, 2027 (unless extended or replaced by new regulations)....

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Cannabis and Pharmaceutical Inventions in Vietnam: To Protect or To Reject?

In many developed nations, pharmaceutical products containing active ingredients extracted from cannabis are ushering in a new era of treatment for conditions ranging from epilepsy and chronic pain to supportive cancer therapy. Inventions in this field are continuously being granted patents in the United States, Europe, and Japan. In a global context witnessing a profound shift in the perception of medical cannabis, a critical legal question arises in Vietnam: Why is a trend considered a medical innovation in many parts of the world impeded by what is deemed "contrary to social ethics and public order" under Article 8.1 of the...

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Trademark Refusal in Cambodia: How Should a Refusal Be Handled?

Once a response to a Notice of Refusal from the Cambodian Department of Intellectual Property (DIP) has been filed, a crucial question emerges: What is the path forward? Will the DIP proceed directly to a final decision, or do opportunities remain to fortify the application and protect the brand’s eligibility for registration? Should the initial arguments be rejected, is the applicant still permitted to amend the application, supplement the record, or present new arguments to resolve the grounds for refusal? What are the subsequent procedural steps an applicant must navigate to avoid missing critical deadlines? Furthermore, if a final refusal is...

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