31 October

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From Geography to Goodwill: The Battle over Trademark Distinctiveness in Myanmar

Download For the past two decades, B. Lall (the Plaintiff) had been operating under the distinguished trademark "RANGOON OPTICAL WORKS," selling spectacles in the vibrant cities of Prome and Paungde. The Plaintiff detected that Mr. Ko Maung Ngwe sold spectacles under the same mark. As such, the Plaintiff filed a lawsuit against Mr. Ko Maung Ngwe (the Defendant) for their use of the same trademark, "RANGOON OPTICAL WORKS," in relation to spectacles. The core issue at hand was whether the term "RANGOON," with its geographical reference, could be deemed distinctive and protectable as a trademark in Myanmar. Case brief The Plaintiff's initial pursuit...

30 October

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Enforcing Trademark Rights in Myanmar – Essential Considerations

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Trademark

Download In the competitive landscape of business, trademarks are the lifeblood of a company's identity and reputation. They are symbols of trust, quality, and recognition in the market. The more well-known a mark is, the more vulnerable to infringement it is. However, as a trademark infringement case in Myanmar reveals, the more renowned a mark becomes, the more susceptible it becomes to infringement. This case sheds light on the intricate challenges involved in protecting a well-known mark within the vibrant market of Myanmar. Facts E. Mohamed Ebrahim & Anr, the Appellants-Plaintiffs, operated as importers and wholesalers, offering a diverse range of goods, including...

25 October

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Brand protection at the Lao border: insights and strategies from the front line

Posted by Ly Dinh

in Notable Articles

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25 October

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Fighting Counterfeits And Trademark Squatting In Vietnam: A perspective from Foellie case

Posted by Ly Dinh

in Notable Articles, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In the 2022 statistics recently published by the Ministry of Planning and Investment of Vietnam, it was revealed that Korea stands as Vietnam's leading foreign investor. With an impressive investment of over 80 billion USD and nearly 9,500 registered projects, Korea's substantial contribution demonstrates remarkable confidence in the Vietnamese market. However, this trust is currently under threat due to a concerning trend: the increasing prevalence of counterfeit products and brand speculation. To cope with these pressing issues, Korea Trade-Investment Promotion Agency (KOTRA) – held a seminar titled “Current Situation and Solutions for Identifying Counterfeit Goods and Intellectual Property Violations from...

18 October

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What is the Process of Customs Recordal for Trademarks in Myanmar?

Posted by Vu Thu Uyen

in Myanmar, Notable Articles, Trademark

Download The Ministry of Planning and Finance of Myanmar issued Notification No. 50/2023, outlining the rules, requirements, and procedures for registered trademark owners to safeguard their intellectual property rights through customs recordation. This notification provides a framework for trademark owners to avail customs protection against counterfeiting and protect their brands in cross-border trade. Customs recordal or customs watch (customs supervision) is of paramount importance as an IPR enforcement strategy for IPR holders in Myanmar. The customs authority in Maynmar serves as a gatekeeper, playing a crucial role in preventing the entry of trademarked counterfeits into the country. By prioritizing customs recordal or...

13 September

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Overcoming refusal of patent applications in Vietnam – What strategies?

Posted by Ly Dinh

in Notable Articles

The initial "patent" application faced a denial, leading to the most likely course of action being an amendment of the set of claims to secure a "utility solution" patent. Faced with the second refusal notice from the Intellectual Property Office of Vietnam (IP VIETNAM), many applicants tend to opt for the straightforward route of converting their applications from "invention" to "utility solution". This choice is often made under the belief that obtaining any kind of patent is preferable to facing a final rejection. However, with a well-thought-out strategy, applicants can still pursue their patent applications without the need to convert...

06 September

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What Are Key Considerations For International Trademark Registrations Designating Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Download Over 9,000 international trademark applications designating Vietnam were filed annually from 2020-2022 has partly reflected the convenience and efficiency of the Madrid system in assisting IPR holders to secure protection for their brands in Vietnam. The Madrid System offers efficiency, cost savings, and a simplified approach to international trademark registration. These advantages make it an increasingly preferred option for businesses seeking to protect their brands in multiple countries, including Vietnam, as it streamlines the process and provides a cost-effective means of securing global trademark rights. Detailed regulations governing the processes and requirements for international trademark applications designated to Vietnam are meticulously...

28 August

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10 Key Points from Vietnam’s New IP Decree No. 65/2023/ND-CP

Posted by Vu Thu Uyen

in IP Practice, Notable Articles

Download In line with new regulations under the amended 2022 Intellectual Property Law (IP Law), on August 23, 2023, the Government issued Decree No. 65/2023/ND-CP (Decree) to detailing a number of articles and measures to implement the IP Law on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property. This Decree supersede Decree No. 103/2006/ND-CP and some parts of Decree No. 105/2006/ND-CP as amended and supplemented. KENFOX would like to provides 10 salient aspects of the Decree, shedding light on the changes and new mechanisms so that industrial property rights holders should grasp and...

09 August

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Resolving Disputes Between Trade Names and Trademarks in Vietnam: How to Proceed?

Posted by Ly Dinh

in Notable Articles

Disputes between trademarks and trade names are commonplace and present considerable challenges for businesses. Establishing rights for trade names under Vietnamese law is relatively straightforward. If a trade name is shown to have been legally used in Vietnam and does not infringe upon existing trademarks, business names, or geographical indications, its rights are established. ...

26 July

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Black-and-White or Color Marks in Vietnam – Picking the Right Path

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Download In the fast-paced world of commerce, trademarks serve as powerful assets that distinguish one business from another. They are the face of a brand, carrying with them the goodwill and reputation built over time. Registering a trademark is a strategic move that bestows exclusive rights to its owner, providing a shield against the use of confusingly similar marks. However, the decision of whether to register a mark in black and white or its specific colors can be a complex and crucial one. To shed light on this matter, we delve into the reasons why applying for both versions may prove...