04 March

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At a glance: Trademark Opposition in Vietnam

in Notable Articles, Trademark, Trademark in Vietnam, Vietnam

In Vietnam, a trademark opposition is a legal procedure that allows a third party to formally challenge a pending trademark application before it gets officially registered by the Intellectual Property Office of Vietnam (VNIPO, formerly, NOIP). A trademark opposition aims at preventing the registration of trademarks that could potentially infringe on existing rights or create confusion in the marketplace. It's a proactive measure to avoid future legal disputes and brand damage....

03 March

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Why Trademark Opposition is a Must in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Many trademark owners might think that examiners at the Vietnam Intellectual Property Office (“VNIPO”) will automatically reject trademark applications that are strikingly similar to existing marks, but reality can differ surprisingly. The assumption that very similar trademarks, especially those registered for similar or related goods and services, will certainly be rejected is a common misconception. Due to unforeseen reasons during the examination process, even marks that appear confusingly similar can sometimes be granted protection....

24 February

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Zhong Wu vs. ZHONGYU: Analyzing Trademark Differences Based on Which Principles in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

Appealing a trademark refusal decision from the Intellectual Property Office of Vietnam (VNIPO) presents significant legal challenges, even with a single ground for refusal. Facing multiple grounds compounds the difficulty. However, KENFOX IP & Law Office recently succeeded in overturning a refusal for a trademark filed through the Madrid System designating Vietnam, despite the mark being rejected on three distinct grounds....

11 February

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Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

Posted by Vu Thu Uyen

in Copyright, Notable Articles

Trademarks and copyrights – two concepts that may seem familiar, yet they harbor a wealth of legal complexities. Many mistakenly assume that obtaining a Trademark Registration Certificate grants them a “carte blanche” to use the logo without any further considerations. However, the reality is far from simple. In fact, it demonstrates that trademark registration and the issue of copyright infringement are two entirely distinct legal realms. KENFOX IP & Law Office analyzes the core differences, explores the points of intersection, and, in particular, elucidates why, even with a registered trademark, the potential for copyright infringement persists....

10 February

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Copyright Registration: Why is it a comprehensive legal tool for brand protection in Vietnam?

Posted by KENFOX IP

in Copyright, Notable Articles

A brand is a weapon for brand recognition, an invention is a key to open the door of technology. Everyone knows their importance. But copyright - a form of protection that is no less important, is often overlooked and underestimated. Many people mistakenly think that copyright is as natural as breathing, and registration is just a superfluous procedure. Although the law of many countries, including Vietnam, recognizes that copyright arises automatically from the moment a work is formed in a certain physical form, however, ignoring the legal value of the copyright registration procedure can lead to a significant decline in...

11 December

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Fast-Tracking Patent Examination in Vietnam: Utilizing Foreign Examination Results

Posted by Vu Thu Uyen

in Notable Articles, Patent

Fast-tracking Vietnamese patents is a common goal for applicants, especially considering Vietnam’s status as a hotbed for foreign investment and the typically long patent prosecution timelines. The standard patent examination process in Vietnam can take 3-5 years or even longer. This delay can significantly impact a company’s ability to exploit its invention and gain a competitive edge. The extended prosecution time eats into the effective life of a patent, leaving less time for companies to recoup their R&D investment and generate returns after the patent is granted. Therefore, expediting patent grants is a pressing need for many patent owners in...

06 December

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Invalidation of a European Patent: How can it impact your patents in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Patent

Many businesses worry that the invalidation of a European patent will automatically lead to the loss of protection in Vietnam. Can a decision to invalidate a patent in Europe truly “cross borders” and affect your patent in Vietnam? KENFOX IP & Law Office provides detailed guidance on the relationship between patent invalidation in Europe and its impact on patents in Vietnam....

27 November

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“Fabrilcar” vs. “FABRICA” and “FABRICAIR”: How to successfully appeal a trademark refusal in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Vietnam – On 16/10/2024, the IP Offfice of Vietnam (“IP VIETNAM“) issued a Decision on acceptance of IR No. 1470915 for the mark “Fabrilcar” in the name of Aspöck Systems GmbH, withdrawing its provisional refusal decision and terminating a lengthy 4-year appeal process. This is a great victory for our client, Aspöck Systems GmbH, an Austrian company that specializes in developing and manufacturing lighting systems for vehicles, founded in September 1977....

25 November

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New Developments in Patent Examination and Enforcement in the Field of Medical Devices in Southeast Asia

Posted by Vu Thu Uyen

in Notable Articles, Patent

The medical device sector in Southeast Asia is witnessing unprecedented innovation, accelerating development and reshaping healthcare across the region. This progress, however, introduces new challenges for patent protection, making it essential for inventors and companies to stay informed on evolving regulations and enforcement mechanisms....

19 November

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What Are Constituent Elements For Criminal Liability For Trademark Infringement In Laos?

Posted by Vu Thu Uyen

in Laos, Notable Articles, Trademark

Counterfeiting and trademark infringement pose significant threats to businesses and consumers alike. In Laos, the legal framework for addressing these issues includes provisions for criminal liability. But what exactly constitutes a criminal offense in the context of trademark infringement?...