12 March

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

[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...

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

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download 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. In reality, there are...

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

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download 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...

17 December

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“The Know Before You Go”: A Crucial Guide for Chinese Trademark Owners in Vietnam/ “行前须知”：中国商标持有人在越南的必备指南

Posted by Vu Thu Uyen

in News, Trademark

It is with great honor that we announce the contribution of our senior partner, Mr. Nguyen Vu Quan, to the INTA country guide "The Know Before You Go", specifically the Vietnam Chapter for Chinese enterprises. Mr. Quan's dedication and extensive expertise have enabled him to provide in-depth and practical insights on a variety of trademark-related issues, crucial for addressing the complex IP landscape in Vietnam. 我们非常荣幸地宣布，本所高级合伙人阮武权先生（Nguyen Vu Quan）为INTA国家指南“出行须知”（The Know Before You Go）做出了贡献，特别是为中国企业撰写了越南章节。权先生凭借其奉献精神和丰富的专业知识，对各种商标相关问题提供了深刻且实用的见解，这对于应对越南复杂的知识产权格局至关重要。 Answering questions for INTA’s country guides demands not only time and effort but also profound expertise and practical experience. This is particularly true in the context of Vietnam, where IP...