20 May

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Copyright Registration for Product Packaging Design in Vietnam: Can Infringement Be Addressed?

in Copyright, IP Practice, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download A product’s packaging design may be registered as a work of applied art to obtain copyright protection. The proprietor, a Shenzhen-based technology company, proceeded to commercialize its product bearing the aforementioned packaging design following the issuance of a copyright registration certificate. In such circumstances, the packaging design effectively functions as an indicator (i.e., a trademark), enabling the public and consumers to distinguish the origin of the company's oral care products from those of other entities. This raises the question of whether a packaging design registered under copyright law may also be deemed to enjoy intellectual property protection equivalent to...

09 May

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Refusal of Chinese Language Trademarks in Vietnam: Legal Loophole or Outdated Regulation?

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In the context of deep international economic integration and the unceasing development of cross-border trade activities, the protection of IP rights, especially trademarks, plays an indispensable legal foundational role. However, in Vietnam, regulations regarding the registration of trademarks using foreign scripts, particularly languages not belonging to the Latin alphabet such as Chinese, Korean, Japanese, etc., remain a point of contention and require reconsideration. It is time to look at this issue more openly, moving towards the acceptance and protection of Chinese language trademarks and similar languages in Vietnam. KENFOX IP & Law Office provides analysis on the context of refusing...

18 April

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Sound Marks in Vietnam: Legal Advancement and Brand-Building Opportunities

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In an increasingly competitive branding landscape, establishing a unique impression in customers’ minds is critical for survival. Beyond traditional signs such as logos or names, sound is emerging as a “new power”—a promising brand-building tool for Vietnamese businesses. A pivotal legal development came with the amended Intellectual Property Law of 2022 (effective from January 1, 2023), enacted to fulfill Vietnam’s international commitments under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). For the first time, Vietnamese law has officially expanded the definition of a trademark to recognize and protect “sound signs that can be represented graphically.” This change...

16 April

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Trademark Refusal on Absolute Grounds: KENFOX Successfully Helps Secure Protection for 4 International Trademarks in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark

Download KENFOX IP & Law Office has recently achieved a significant victory in helping clients successfully register and protect 04 International Registrations (IRs) designating Vietnam. All 04 of these trademarks were initially refused protection by the Intellectual Property Office of Vietnam (IP Vietnam) on absolute grounds, specifically for being considered descriptive. Trademark Refusal on Absolute Grounds in Vietnam During the examination process for trademark applications in Vietnam, refusals issued by IP Vietnam based on absolute grounds (stipulated in Articles 73, 74 of the Intellectual Property Law) are a quite common situation and pose significant challenges for trademark owners. The most common reason for...

15 April

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Letter of Consent for Trademarks Within Corporate Groups in Vietnam: Legal Analysis, Practice, and Recommendations

Posted by Ly Dinh

in Notable Articles, Trademark, Uncategorized

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The fundamental principle of intellectual property (IP) law is to prevent consumer confusion regarding the commercial origin of goods and services. However, in practice, companies within the same corporate group or with close affiliations often wish to use similar trademarks. Does a "Letter of Consent" from the prior trademark owner (usually the parent company) carry enough legal weight to negate the likelihood of confusion? Despite a clear parent-subsidiary or internal affiliation, the Intellectual Property Office of Vietnam (IPVN)'s acceptance or refusal of a subsidiary company's trademark application (even with a Letter of Consent) still heavily depends on the assessing...

10 April

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Letter of Consent: The Key to Overcoming Trademark Refusal by the IP Office of Vietnam?

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download During the trademark registration process in Vietnam, a frequent obstacle encountered by applicants is the rejection of applications based on findings that the applied-for mark is confusingly similar or identical to a previously registered trademark (the cited mark). Although the Intellectual Property Office of Vietnam (IP Viet Nam) has, in practice, reviewed and accepted Letters of Consent (LoCs) in numerous instances as grounds for withdrawing notifications of intended refusal of trademark protection, the absence of specific provisions within Vietnam's IP law addressing this mechanism creates a significant legal vacuum. Consequently, the acceptance of a Letter of Consent is largely...

04 April

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Patent Amendments in Vietnam: Rights and Limitations for Applicants

Posted by Ly Dinh

in Notable Articles, Patent

[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,...