KENFOX IP & Law Office > Notable Articles (Page 3)

Letter of Consent in Vietnamese Trademark Registration: How KENFOX Helped a Client Overcome a Trademark Refusal

Vietnam's Intellectual Property Law (IP Law), along with its guiding legal documents such as Decree 65/2023/ND-CP and Circular 23/2023/TT-BKHCN, does not contain any provisions stating that a "Letter of Consent" (LOC) can automatically eliminate the risk of confusion between trademarks or automatically lead to the approval of a trademark application when such a document is submitted. This lack of a clear legal mechanism for Letters of Consent has created a significant legal gap, making the examination process unpredictable and inconsistent, especially in cases where applicants have diligently negotiated and obtained consent from the owner of the cited trademark....

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How to Prove Well-Known Trademark Status in Vietnam: Legal Pathways and Practical Insights

Trademark squatting is emerging as a serious legal challenge for international businesses operating in Vietnam. Numerous global brands have found themselves in disadvantaged positions when their trademarks were preemptively registered by third parties, obstructing business operations and eroding brand value. In this context, obtaining well-known trademark recognition serves as an essential legal tool, not only to prevent intellectual property infringements but also as a key solution for businesses to restore and protect their legitimate rights....

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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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