12 June

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

in Cambodia, Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 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...

09 June

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Registering Composite Marks in Vietnam: What Legal Risks to Consider Under the 2022 IP Law?

Posted by KENFOX IP

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download “One application – a “composite” trademark – cost-effective”. This is a common belief among many trademark owners when opting to file a trademark that combines both figurative elements (logo) and word elements (word mark). Instead of filing two separate applications – one for the logo and one for the word mark – they consolidate both into a single trademark specimen to reduce filing, examination, publication, and renewal costs. However, what appears to be a reasonable and economical approach actually contains serious legal risks that may significantly impair the applicant’s rights, especially in light of Vietnam’s legislative changes following the 2022...

20 May

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Copyright Registration for Product Packaging Design in Vietnam: Can Infringement Be Addressed?

Posted by KENFOX IP

in Copyright, IP Practice, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download A product’s packaging design may be registered as a work of applied art to obtain copyright protection. The proprietor, a Shenzhen-based technology company, proceeded to commercialize its product bearing the aforementioned packaging design following the issuance of a copyright registration certificate. In such circumstances, the packaging design effectively functions as an indicator (i.e., a trademark), enabling the public and consumers to distinguish the origin of the company's oral care products from those of other entities. This raises the question of whether a packaging design registered under copyright law may also be deemed to enjoy intellectual property protection equivalent to...

09 May

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Refusal of Chinese Language Trademarks in Vietnam: Legal Loophole or Outdated Regulation?

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In the context of deep international economic integration and the unceasing development of cross-border trade activities, the protection of IP rights, especially trademarks, plays an indispensable legal foundational role. However, in Vietnam, regulations regarding the registration of trademarks using foreign scripts, particularly languages not belonging to the Latin alphabet such as Chinese, Korean, Japanese, etc., remain a point of contention and require reconsideration. It is time to look at this issue more openly, moving towards the acceptance and protection of Chinese language trademarks and similar languages in Vietnam. KENFOX IP & Law Office provides analysis on the context of refusing...

09 May

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Binh Minh vs Binh Minh Viet: What valuable observations can be made ?

Posted by Vu Thu Uyen

in Case Studies, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Most people believe that in cases of IP infringement, an “expert opinion” (“Assessment Conclusion”) from specialized agencies like the Vietnam Intellectual Property Research Institute (VIPRI) serves as the definitive “gold standard”, providing the most reliable scientific basis for fair judicial decisions. But the recent, protracted trademark dispute between plastics giant Binh Minh and newcomer Binh Minh Viet challenges this very assumption, making many ponder: What occurs when a conclusion of "infringement" by the premier leading expert assessment body is dismissed by the court as "just for reference"? Is the expert “shield”, so trusted by rights holders, losing its inherent...

18 April

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Sound Marks in Vietnam: Legal Advancement and Brand-Building Opportunities

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In an increasingly competitive branding landscape, establishing a unique impression in customers’ minds is critical for survival. Beyond traditional signs such as logos or names, sound is emerging as a “new power”—a promising brand-building tool for Vietnamese businesses. A pivotal legal development came with the amended Intellectual Property Law of 2022 (effective from January 1, 2023), enacted to fulfill Vietnam’s international commitments under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). For the first time, Vietnamese law has officially expanded the definition of a trademark to recognize and protect “sound signs that can be represented graphically.” This change...

16 April

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Trademark Refusal on Absolute Grounds: KENFOX Successfully Helps Secure Protection for 4 International Trademarks in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark

Download KENFOX IP & Law Office has recently achieved a significant victory in helping clients successfully register and protect 04 International Registrations (IRs) designating Vietnam. All 04 of these trademarks were initially refused protection by the Intellectual Property Office of Vietnam (IP Vietnam) on absolute grounds, specifically for being considered descriptive. Trademark Refusal on Absolute Grounds in Vietnam During the examination process for trademark applications in Vietnam, refusals issued by IP Vietnam based on absolute grounds (stipulated in Articles 73, 74 of the Intellectual Property Law) are a quite common situation and pose significant challenges for trademark owners. The most common reason for...

15 April

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Letter of Consent for Trademarks Within Corporate Groups in Vietnam: Legal Analysis, Practice, and Recommendations

Posted by Ly Dinh

in Notable Articles, Trademark, Uncategorized

The fundamental principle of intellectual property (IP) law is to prevent consumer confusion regarding the commercial origin of goods and services. However, in practice, companies within the same corporate group or with close affiliations often wish to use similar trademarks. Does a "Letter of Consent" from the prior trademark owner (usually the parent company) carry enough legal weight to negate the likelihood of confusion? Despite a clear parent-subsidiary or internal affiliation, the Intellectual Property Office of Vietnam (IPVN)'s acceptance or refusal of a subsidiary company's trademark application (even with a Letter of Consent) still heavily depends on the assessing examiner's...

10 April

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Letter of Consent: The Key to Overcoming Trademark Refusal by the IP Office of Vietnam?

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download During the trademark registration process in Vietnam, a frequent obstacle encountered by applicants is the rejection of applications based on findings that the applied-for mark is confusingly similar or identical to a previously registered trademark (the cited mark). Although the Intellectual Property Office of Vietnam (IP Viet Nam) has, in practice, reviewed and accepted Letters of Consent (LoCs) in numerous instances as grounds for withdrawing notifications of intended refusal of trademark protection, the absence of specific provisions within Vietnam's IP law addressing this mechanism creates a significant legal vacuum. Consequently, the acceptance of a Letter of Consent is largely...

09 April

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Use Evidence from Online Sales to Increase your Damage Compensation: Possible in Vietnam?

Posted by Ly Dinh

in Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The protection and enforcement of intellectual property (IP) rights are fundamental to innovation and economic development. However, one of the biggest challenges rights holders face when their rights are infringed is obtaining adequate compensation for the damages suffered. In Vietnam, as in many other countries, determining and claiming actual damages encounters numerous difficulties, often resulting in court-awarded compensation that does not truly reflect the losses. KENFOX IP & Law Office provides analysis on the reality of IP damages compensation in Vietnam, contrasts it with the new approach in China, and offers some useful recommendations regarding this issue. The Reality of IP...