04 April

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Patent Amendments in Vietnam: Rights and Limitations for Applicants

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The patent registration process in Vietnam, as in many other countries, may involve multiple stages of examination. Throughout this process, amendments to the patent application may become necessary to clarify, refine, or narrow the scope of protection. KENFOX IP & Law Office provides analyses of the rights and limitations regarding patent application amendments under Vietnamese law, while also drawing a comparison with a landmark case in India to help patent applicants in Vietnam understand the differences on this issue. The Right to Amend Patent Applications in Vietnam Under the provisions of Vietnam’s IP Law and Circular No. 23/2023/TT-BKHCN detailing certain articles of...

27 March

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Common Grounds for Trademark Refusal in Vietnam: What are they?

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Trademark applicants in Vietnam often face the risk of refusal, leading to wasted time and resources. However, many of these rejections are avoidable. Understanding the common grounds for trademark refusal in Vietnam – such as conflicts with existing trademarks, generic terms, or violations of public order and morality – enables applicants to proactively address potential issues. This proactive approach leads to more effective responses to challenges and, ultimately, a more efficient and successful trademark registration process. With 15 years of practical experience in handling complicated IP related matters in Vietnam, KENFOX IP & Law Office provides comprehensive details to explain...

25 March

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Trademark Examination Process and Common Grounds for Trademark Refusal in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][/vc_row][vc_column][/vc_column][vc_column_text] Download Applicants who are aware of the trademark examination process in Vietnam will be more likely to submit complete and accurate applications from the outset, minimizing the risk of receiving official notifications of deficiencies and the associated delays. This knowledge also enables effective responses to challenges and ultimately increases the chances of successful and cost-efficient trademark registration in Vietnam. With 15 years of practical experience in handling complicated IP related matters in Vietnam, KENFOX IP & Law Office provides comprehensive details to explain the Trademark Examination Process and Common Grounds for Trademark Refusal in Vietnam. [/vc_column_text][vc_empty_space height="13px"][vc_column_text] 1. Trademark Examination Process in...

12 March

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Intellectual Property Collateral – Trademarks in Vietnam: Legal Analysis and Market Outlook

Posted by Ly Dinh

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Vietnam is rapidly developing as a globally integrated and dynamic economy, making intellectual property (IP) increasingly vital, particularly in technology, e-commerce, and pharmaceuticals. With rising foreign investment, a critical legal question emerges: Can Vietnam's current laws effectively protect IP as collateral, allowing businesses and investors to utilize it as a financial instrument? Although Vietnam's current law recognized IP as an asset that can be collateralized, there are significant legal loopholes caused by the absence of specific and comprehensive rules directly related to IP collateralization. Do these legal loopholes provide an opportunity to develop the IP collateral market, or do they,...

12 March

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Copyright in Vietnam: Enforcement Mechanisms & Practical Tips

Posted by Ly Dinh

in Copyright, Notable Articles, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Vietnam's intellectual property (IP) enforcement landscape has undergone significant reforms over the past decades, aligning with international treaties like the WTO's TRIPS Agreement and recent trade agreements such as the EVFTA and CPTPP. Notwithstanding these progressive reforms, challenges persist in the effective enforcement of copyright protections in Vietnam. KENFOX IP & Law Office is dedicated to furnishing clients with comprehensive guidance on strategic approaches to copyright enforcement, grounded in an in-depth analysis of the prevailing legal framework, available enforcement mechanisms, and practical measures aimed at safeguarding intellectual property rights in Vietnam. 1. Understanding Copyright in Vietnam Under Vietnam's Law on Intellectual Property...

06 March

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Addressing IP disputes in Vietnam: Declarations of non-infringement and invalidity

Posted by Ly Dinh

in Notable Articles, Trademark, Trademark in Vietnam, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Intellectual property disputes, especially those concerning trademarks, are an inevitable part of the dynamic business environment in Vietnam. Instead of passively waiting for the threat of trademark disputes to arise, wise businesses will seek proactive solutions to protect themselves. The question then becomes: how can businesses proactively "stay one step ahead", mitigate legal risks, and confidently explore the market? Declarations of non-infringement and trademark invalidity are two excellent legal mechanisms, empowering third parties to definitively establish legal "boundaries", create a "safe harbor" for their commercial activities. KENFOX IP & Law Office would like to provide more comprehensive analysis on the...

05 March

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Genuine Goods, Trademark Infringement: The Rule One Proteins Victory in Vietnam

Posted by Vu Thu Uyen

in IPR enforecement, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Selling real products doesn't automatically give you the right to advertise using someone else's trademark. The Rule One Proteins case in Vietnam clearly demonstrates this important principle of intellectual property law. This case, in which KENFOX IP & Law Office successfully represented the trademark holder, shows that even when the goods are genuine, unauthorized use of the trademark for advertising and sales is infringement. Background: Rule One Proteins and the Vietnamese Market Rule One Proteins, LLC (RULE ONE), a US-based company with roots tracing back to the founders of the renowned Optimum Nutrition (ON) brand, has established itself as a leader...

04 March

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At a glance: Trademark Opposition in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark, Trademark in Vietnam, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download 1. What is a trademark opposition in 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. Under the amended IP Law of Vietnam in 2022, a Notice of Opposition should be filed within a specific deadline of 05...

03 March

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Why Trademark Opposition is a Must in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 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. Therefore, if one becomes aware of a new trademark application in Vietnam that is substantially similar to their prior mark, especially for the same type of...

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

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download 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. What persuaded the VNIPO to reconsider its initial conclusion and ultimately recognize the distinctiveness of a trademark previously rejected for containing Chinese characters and exhibiting similarities to two cited marks? What lessons can be learned from this successful appeal? Background In...