23 April

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Similarity Does Not Necessarily Mean Confusion: What Strategy Can Secure Trademark Protection in the Face of Opposition from a Multinational Group?

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Being opposed by a major international group is never an encouraging signal for any business seeking protection for its trademark. That pressure becomes particularly acute when the Intellectual Property Office of Vietnam (“IP VIETNAM”), upon examining the matter, issues a notice of intended refusal. From that point onward, the task of protecting one’s rights no longer lies merely in rebutting the opposing party’s arguments; it becomes a matter of persuading IP VIETNAM to reconsider and reverse its own preliminary view - a view that may, to some extent, have been shaped by the intangible influence exerted by globally renowned...

13 March

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Why Patents “Lose Rights” Upon Entering the Vietnam National Phase: Translation Errors, “New Matter”, and Limitations on Amendments

Posted by Quoc Anh

in News, Patent, Vietnam

Download In patent prosecution practice, many applications "fail" - not because the technical solution lacks novelty or an inventive step, but due to the Vietnamese translation at the national phase entry. For patent applications originating from the Patent Cooperation Treaty (PCT) or those claiming priority under the Paris Convention upon entering the national phase in Vietnam, merely a few mistranslated words in the specification or, particularly, the claims, can inadvertently and silently narrow the scope of protection. By the time this is discovered, it is often too late to remedy. The greatest risk lies in the fact that the Vietnamese translation serves...

25 February

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Nearly 1,000 U.S. Patent Applications Terminated – A Cross-Border Compliance Crisis and the Lessons to Be Learned

Posted by KENFOX IP

in News, Notable Articles, Patent

The USPTO has terminated the proceedings of nearly 1,000 patent applications after discovering serious irregularities in filings handled through a cross-border “intermediary” model. The matter was triggered when a U.S. agency was found to have submitted documents using unauthorized electronic signatures of registered practitioners and/or applicants, prompting the USPTO to issue Show-Cause Orders across the portfolio. The core of this legal scandal lay in fundamental breaches of integrity: the U.S. attorney acted merely as a “signatory of convenience”, had no direct engagement with the ultimate client, and failed to verify the authenticity of the submitted filings. As a consequence, nearly 1,000 patent...

24 February

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MEGA MGC COFFEE: A “Reversal” Strategy and Lessons in Trademark Rights Establishment in Vietnam

Posted by KENFOX IP

in IP Practice, Notable Articles, Trademark in Vietnam, Vietnam

In Vietnam's trademark registration practice, numerous international brand owners have been forced to withdraw from the market upon facing a critical deadlock: their applications were refused due to conflicts with prior-filed marks. When the likelihood of reversing such a refusal is deemed “very low”, the boundary between successfully introducing a multi-million dollar brand into a new market and leaving empty-handed often hinges solely on a timely strategic decision. The case of MEGA MGC COFFEE - South Korea’s second-largest coffee chain - in Vietnam serves as a compelling illustration of such a turning point. In what initially appeared to be a foregone...

23 January

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Guide on Trademark Matters in Vietnam

Posted by KENFOX IP

in IP Practice, Our Practice, Trademark in Vietnam, Vietnam

The relevant trademark authority in Vietnam is the Intellectual Property Office of Vietnam (IP VIETNAM), previously known as the National Office of Intellectual Property (NOIP). ...

09 January

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Patent Application Process in Vietnam: A Comprehensive Guide For Chinese Enterprises

Posted by KENFOX IP

in Patent, Patent/Utility Solutions, Viet Nam, Vietnam

Vietnam’s patent system provides multiple avenues to protect technical innovations, ranging from invention patents and utility solutions to industrial designs. This guide, prepared by KENFOX IP & Law Office, a qualified IP Firm in Vietnam, outlines the entire patent application process in Vietnam, including available application routes, types of protection, eligibility criteria, step-by-step procedures, examination and appeal processes, official fees, and strategic considerations. It is tailored for foreign businesses entering Vietnam and focuses on Vietnam’s current laws and practices....

24 November

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Patent Specification – How a Single Connector Word Can Decide the “Life or Death” of a Patent?

Posted by Dương Thúy

in Notable Articles, Patent, Vietnam

If you believe that the phrase “at least one of A, B, and C” in a patent specification always means “A or B or C”, it may be time to reconsider. In U.S. patent practice, the interpretation of this seemingly simple expression has sparked a debate lasting more than two decades – a debate that remains far from settled today. The controversy originates from the U.S. Court of Appeals for the Federal Circuit’s landmark 2004 decision in SuperGuide Corp. v. DirecTV Enters., Inc. In SuperGuide, the court interpreted the phrase to mean “at least one of A, and at least one...

10 November

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HAICNEAL vs. HAINOZAL: Stopping a Copycat Shampoo Line, Forcing Destruction of Labels and Printing Equipment, and Blocking a Trademark Hijacking

Posted by Dương Thúy

in Notable Articles, Trademark, Uncategorized, Vietnam

KENFOX IP & Law Office acted for Kunming Dihon Pharmaceutical Co., Ltd. (China), owner of the HAICNEAL medicated shampoo brand (), and its exclusive Vietnamese distributor, Dong A Pharmaceutical Trading Co., Ltd., after a Vietnamese company (ASEM VINA JSC) began producing and commercializing a shampoo using packaging that closely imitated HAICNEAL’s trade dress while marketing it under “HAINOZAL” ...

10 November

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Infringement ov er the trademark “SPY”: Tracking the Importer, Forcing Infringing Detergent off the Market, and Locking in Customs Protection

Posted by Dương Thúy

in Notable Articles, Trademark, Vietnam

Importer Identified, VIPRI Infringement Finding Secured, Multi-Agency Pressure Applied, Infringing Goods Removed from Market, Customs Protection Activated. KENFOX IP & Law Office represented MASSCO JSC, a leading Vietnamese chemical and cosmetics manufacturer and the registered owner of the “SPY” trademark (No. 231175), after an unauthorized seller began advertising “SPY” washing liquid on ZALO (a popular Vietnamese messaging / social commerce platform). Our investigation suggested that the products were imported from Thailand, so we moved immediately to identify the source. ...

05 November

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RULE ONE: Forcing VIPRI to Reverse Itself, Establishing Trademark Infringement, and Shutting Down Unauthorized Online Sales

Posted by Quyen Nguyen

in Notable Articles, Trademark, Vietnam

KENFOX IP & Law Office represented RULE ONE PROTEINS LLC (“RULE ONE”), a-US based company, the registered owner in Vietnam of the “RULE 1 PROTEINS” () trademark (Registration No. 408163), in an action against Muscle Up Joint Stock Company, a Vietnamese seller that was advertising, offering for sale, and promoting nutritional supplements in Vietnam using “RULE 1 PROTEINS”, “RULE 1 R1 PROTEIN”, and “RULE ONE” across websites and Facebook pages without authorization. We first secured Bailiff’s Certification to capture irrefutable evidence of infringement across Muscle Up’s online channels. ...