27 June

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

in Industrial Design, Notable Articles, Vietnam

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...

27 June

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

Posted by Vu Thu Uyen

in Industrial Design, Vietnam

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....

25 June

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

Posted by Ly Dinh

in Industrial Design, Notable Articles

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....

24 June

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IP protection for to-be-launched products in Vietnam: How to optimize?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles, Vietnam

Among the 10 ASEAN countries, Vietnam is considered a key market for many foreign businesses, with great development potential. Entering the Vietnamese market with new products offers significant potential, but also presents challenges. However, intellectual property rights (IPRs) are especially crucial in Vietnam, where counterfeiting can be a significant challenge. However, reality shows that many businesses often only care about IPRs protection when they discover that their products have been copied or imitated by a third party. This leads to businesses losing their competitive advantage and making it difficult to handle IPRs infringement....

06 June

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Beyond First-to-File: How Copyright Won a Trademark Battle in Vietnam?

Posted by Vu Thu Uyen

in Copyright, Notable Articles, Vietnam

First-to-file is not an absolute and immutable principle in establishing trademark rights. In a broader sense, it is not at default that when you are the first filer of the trademark, you will automatically be the trademark owner in perpetuity in Vietnam. A trademark registration certificate issued by the IP Office of Vietnam (IP VIETNAM) is not automatically a legal tool to protect you from allegations of intellectual property infringement. We provide a typical copyright-trademark conflict case in Vietnam to demonstrate significance of copyright in winning trademark disputes. If not for earlier copyright, the legitimate owner would not be able...

04 June

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What are Key Considerations for Industrial Design Divisional Application in Vietnam ?

Posted by Vu Thu Uyen

in Industrial Design, Notable Articles

Industrial design (ID) protection holds significant importance in the business strategies of designers and manufacturers, as it has the potential to enhance the value of products showcasing unique designs and attract customers. In Vietnam, ID can be protected by filing an ID application with the Intellectual Property Office of Vietnam (IP VIETNAM). In case the ID application meets the protection criteria, it will be granted an industrial design patent. This grants the design patent holder exclusive ownership and usage rights over the granted design, and it also provides the design patent holder with rights to prevent copying or imitation without...

31 May

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Facing a Trademark Refusal in Vietnam? Learn How to Appeal and Win

Posted by Ly Dinh

in Notable Articles, Trademark

Have you invested time and effort into crafting the perfect trademark, only to see it rejected by the Intellectual Property Office of Vietnam (IP Vietnam)? Don’t give up! Trademark refusals can be frustrating, but they aren’t necessarily the end of the road. There are still options for challenging the decision and potentially securing your trademark registration. Our firm, KENFOX IP & Law Office provides a clear breakdown of the appeal process in Vietnam, equipping you with critical information to pursue a successful appeal....

30 May

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Chinese Character Trademarks: Still Protected or Outdated?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

This question is attracting the attention of many businesses and individuals using trademarks containing Chinese characters in Vietnam. Before 2005, trademarks consisting solely of Chinese characters were considered inherently distinctive and were granted protection if they met the required standards and conditions. The protection of trademarks containing only Chinese characters was in accordance with the provisions of the Industrial Property (IP) law in effect from 1982 to 2005....

21 May

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What To Do if Your Trademark has been Stolen in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

The “first to file” principle has been abused by bad faith trademark applicants as a sophisticated tool for “trademark squatting” and “misappropriation of trademark rights” from legitimate owners in Vietnam. Trademark squatting or intellectual property (IP) theft from foreign businesses has become a troubling and dangerous trend in Vietnam. Increasingly, trademark owners are expressing frustration upon discovering that their trademark has been filed or even successfully registered by others in Vietnam. In many cases, after successfully registering a competitor’s trademark, the trademark speculator has used that same trademark as a “weapon” to initiate legal actions and request Vietnamese enforcement authorities...

21 May

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Handling intellectual property rights infringement in Vietnam: Which measures are effective?

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Vietnam

Protecting intellectual property rights (IPR) involves the use of legal measures by state agencies and IPR holders to protect the ownership of their IP objects, prevent any infringement to ensure the integrity of these assets. Protecting IPRs entails not only preventing actual acts of infringement but also addressing and resolving infringements in order to cease the infringement and seek compensation for damages incurred....