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Trademark Cancellation for Non-Use in Vietnam: What Valuable Lessons Can Be Drawn?

Download The trademark cancelaltion request against Trademark Registration Certificate No. 103943 (“DD DANTI, device”), filed and pursued by KENFOX IP & Law Office, lasted for a decade and has become a landmark case in the field of intellectual property (IP) in Vietnam. What initially appeared to be a straightforward matter of cancelling a trademark for non-use turned into a complex legal battle between enterprises competing to defend and secure their IP rights. This case has helped to more clearly define the regulations on "use of a trademark" under Article 124.5 of Vietnam’s IP Law, limiting ambiguous interpretations and preventing the abuse of...

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Trademark Enforcement in Laos: A Smart Strategy in a High-Risk Region

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download What are the options for a trademark owner if their trademark is illegally used in Laos - one of Southeast Asia's most challenging jurisdictions? This was the critical question facing Luk Fook Company, a leading international jewelry brand, when its trademark was found to be in unauthorized use at a storefront within the Golden Triangle Special Economic Zone, a region in Bokeo Province, Laos, known for its legal ambiguity and illicit activities. Although enforcement in such jurisdictions may appear impractical or fraught with risk, Luk Fook Company’s enforcement strategy demonstrates that targeted legal intervention, executed with precision and discretion, can...

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Trademark Assignment in Vietnam: Why It’s Refused and How to Overcome It?

Trademark assignment in Vietnam is subject to strict statutory requirements and substantive examination by the Intellectual Property Office of Vietnam (“IPVN”). In practice, assignments are frequently refused on grounds of potential confusion or non-compliance with mandatory provisions. Challenges become more acute if the assignor owns trademarks that are closely similar to one another or, in more serious circumstances, where the assignor’s trade name itself is also the trademark name. KENFOX IP & Law Office, with over 15 years of practical experience and expertise in IP protection in Vietnam, provides in-depth analysis of the risks associated with trademark assignment, along with strategic...

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The “Balizam” Trademark Dispute – A Costly Lesson and a Stark Warning for Domestic Enterprises in International Partnerships

When a Chinese company invests over RMB 50 million to develop a foreign brand, builds a distribution network, promotes the product, and receives a formal Letter of Authorization from its Russian partner authorizing trademark registration in China - can it lose all ownership rights through a single retrial judgment?...

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Determining Illegal Gains from Intellectual Property Infringement in Vietnam

Depriving infringers of all benefits obtained from their unlawful acts is a core principle intended to deter violations and eliminate the motivation to infringe. Vietnamese law has established a clear system of regulations for identifying and handling illegal gains, or illicit profits, that organizations and individuals obtain from infringing upon intellectual property (IP) rights. However, the mechanisms for determining and calculating these infringing profits are not uniform and vary depending on the context of the proceedings: from administrative sanctions to civil lawsuits and criminal prosecution. Therefore, a thorough understanding of how to apply the appropriate method for each type of...

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Copyright and Goods: The Right Distinction for Effective IP Protection at Vietnam’s Borders

Why can a company holding a valid copyright certificate be denied customs supervision measures? A recent case involving a Korean copyright owner and Vietnamese customs has exposed a frustrating gap between legal theory and practical IP enforcement. When a request for customs supervision was submitted based on a Copyright Registration Certificate for the packaging of the "FOELLIE INNER PERFUME" product, the Customs Department temporarily refused, declining to accept the customs supervision request....

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How wilful trademark infringement is recognised in Vietnam?

Download In Vietnam, wilful trademark infringement is recognized when someone knowingly and intentionally uses a protected trademark without the owner's permission, in a way that causes confusion or exploits the brand’s reputation. Willful trademark infringement is recognized through both administrative and criminal actions. Administrative actions involve imposing fines and other penalties by authorities for infringing activities, while criminal actions, involving more severe penalties, are pursued when the infringement is considered to be on a commercial scale or involves counterfeit goods. The deliberate and intentional nature of an infringement not only affects the severity of penalties but also influences the overall approach to combating...

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Successful Raid Against Trademark Infringement of LACTOMASON: A Significant Victory for KENFOX and Market Surveillance Team No. 1

Download Intellectual property (“IP”) rights are not merely a legal title, but a vital tool to safeguard corporate value - rights that only become meaningful when effectively enforced and promptly protected. On July 24, 2025, a critical legal milestone was achieved in the enforcement of IP rights for LACTOMASON CO., LTD., a reputable enterprise from South Korea. On this date, KENFOX IP & Law Office, in close coordination with Market Surveillance Team No. 1, successfully conducted an inspection and enforcement action against a serious infringement at the premises of Lacto Mason Vietnam Co., Ltd., located at 112 Nam Van Lung, An Khanh...

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Trademark Containing the Name of an International Organization: How Did KENFOX Successfully Appeal a Rejected Trademark in Cambodia?

Download In practice, trademarks containing geographical names or abbreviations of intergovernmental organizations are often refused registration by national IP offices on the grounds that they violate prohibitions against the use of symbols, emblems, or names of states or international organizations. However, KENFOX IP & Law Office recently succeeded in assisting the owner of an international trademark registration under the Madrid System in overturning a provisional refusal issued by the Department of Intellectual Property (DIP) of Cambodia. The refusal pertained to the mark “CONEASEAN” registered under International Registration No. 1523889, which seeks protection for goods in Classes 16 and 30. Legal Barrier: Use of...

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Trademark Refusal in Cambodia: How “MONTECONO” Overcame Two Cited Marks?

In the complex landscape of cross-border trademark protection, it is not uncommon for marks designated for protection in Cambodia under the Madrid System to face provisional refusals. Yet the challenge escalates significantly when the grounds for refusal stem not from similarity to a single cited mark, but to two well-established trademarks simultaneously. This is more than a procedural setback; it places the applicant before a near-impenetrable legal framework, where the line between similarity and likelihood of confusion becomes a focal point of intricate legal debate....

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