KENFOX IP & Law Office > Notable Articles (Page 6)

Protecting Unconventional Trademarks: Strategies for Businesses in Vietnam

Color is not just about external beauty, but also the soul of a brand. Many businesses have researched, selected, and used colors for product packaging and brand identity to convey messages, core values, evoke emotions, and connect with customers in a subtle and effective way. Businesses around the world, including Vietnam, are increasingly paying attention to the use of color as a strategic element in brand building....

Continue reading

Gathering Convincing Evidence: The Key to Success in Protecting Non-Traditional Trademarks in Vietnam

In intellectual property (IP) disputes involving non-traditional trademarks (such as product shape, color, fragrance, sound, moving images, etc.), gathering compelling evidence to prove the link between the non-traditional element and the brand plays a crucial role and directly affects the outcome of the case. Failure to prove the distinctiveness of non-traditional trademarks can lead to serious legal risks for the owner, such as trademark refusal, loss of exclusive rights to the non-traditional element, and trademark infringement lawsuits....

Continue reading

Color Trademark Litigation: Key Takeaways for Companies in Vietnam

Colors are not just about aesthetics, they are the soul of a brand. In a landmark ruling, the German Supreme Court has confirmed that the gold color of the Lindt Gold Bunny can enjoy unregistered trademark protection in Germany. This decision marks a victory for Lindt in a years-long legal battle to protect its iconic product – the well-known chocolate bunny – from trademark infringement....

Continue reading

PCT Applications Designating or Selecting Vietnam: Common Mistakes and How to Avoid Them?

Many patent applicants mistakenly believe that having their Patent Cooperation Treaty (PCT) applications formally accepted and published by WIPO guarantees the safety of patent protection in Vietnam. However, this is far from the truth. Numerous PCT applications designating or selecting protection in Vietnam have been met with preliminary rejection notices or even outright refusals from the Vietnam Intellectual Property Office (VNIPO). These legal setbacks stem from a failure to recognize potential rejection risks, non-compliance with Vietnamese IP laws, and inadequate strategies for rectifying errors....

Continue reading

A Representative Office of Foreign Pharmaceutical Company in Vietnam: What Is It Allowed To Do?

Antibiotice S.A (Romania) has established a Representative Office (“RO”) in Hanoi to serve as a liaison, explore the market, and promote investment and business opportunities in Vietnam. Currently, the company aims to expand its business activities in the healthcare sector. Specifically, Antibiotice S.A’s RO intends to carry out the following activities:...

Continue reading

Registering Industrial Designs in Vietnam: 6 Mistakes to Avoid and Secrets to Successful Registration

The unique industrial design (ID) of a product is a key feature that sets it apart and attracts customers for businesses. To protect this creative achievement and maximize profits, registering the ID is of great importance. However, deciding when to file for ID registration – before or after trademark registration, before or after launching the product on the market, and understanding which IDs can or cannot be registered – are issues that not all businesses are well-versed in. A current reality facing businesses is that, due to a lack of understanding of the regulations on ID protection in Vietnam, numerous...

Continue reading

Unveiling a Counterfeit Food Supplement Ring: Criminal Prosecution for a Korean Trademark Counterfeiting Case

According to the National Steering Committee 389, the year 2023 witnessed an alarming increase in acts of counterfeit production, trade, and infringement of intellectual property rights (IPR). The number of cases recorded in 2023 was over 4,000, an increase of more than 126% compared to the same period in 2022. Notably, many cases have been handed over to the police for prosecution on charges related to counterfeit production, trade, and IPR infringement....

Continue reading

Opposing an Industrial Design Application in Vietnam: What secrets to Successful Opposition?

Upon identifying an industrial design (“ID”) application filed by a competitor that could potentially harm or negatively impact your interests, you have the right to file a Notice of Opposition, officially voicing your objection to the granting of a protection certificate for that ID application. To ensure the success of your Opposition, it is crucial to follow specific steps and implement effective strategies aligned with Vietnam’s IP Laws....

Continue reading

New product launch: How to keep your product design from being “stolen”?

For products where the external appearance provides part or all of the brand identity for consumers, protecting the external form is as important as protecting the trademark. The success of a product is often influenced by its external appearance. In a trend where consumers tend to focus on the aesthetics of a product, the appearance of a product can often be equivalent to or, in some cases, more important than its function....

Continue reading