27 June

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Registering Class 35 – A Choice or an Imperative Strategy in Vietnam, Laos, and Cambodia

in Cambodia, Laos, Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download In the markets of Laos, Cambodia, and Vietnam, registration under Class 35 is no longer merely an option—it has become an essential requirement for securing robust and comprehensive brand protection. The prevailing practice of prioritizing Class 35 in trademark examination within these jurisdictions is not just procedural in nature; it constitutes a strategic key that enables businesses to significantly enhance their trademark protection—often exceeding expectations. KENFOX IP & Law Office provides in-depth legal analysis of this critical practice, shedding light on the competitive advantages that Class 35 offers to applicants. The firm also outlines specific and practicable strategic directions to...

13 June

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Cannabis and Pharmaceutical Inventions in Vietnam: To Protect or To Reject?

Posted by Ly Dinh

in Notable Articles, Patent, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download In many developed nations, pharmaceutical products containing active ingredients extracted from cannabis are ushering in a new era of treatment for conditions ranging from epilepsy and chronic pain to supportive cancer therapy. Inventions in this field are continuously being granted patents in the United States, Europe, and Japan. In a global context witnessing a profound shift in the perception of medical cannabis, a critical legal question arises in Vietnam: Why is a trend considered a medical innovation in many parts of the world impeded by what is deemed "contrary to social ethics and public order" under Article 8.1 of...

12 June

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Trademark Refusal in Cambodia: How Should a Refusal Be Handled?

Posted by Ly Dinh

in Cambodia, Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Once a response to a Notice of Refusal from the Cambodian Department of Intellectual Property (DIP) has been filed, a crucial question emerges: What is the path forward? Will the DIP proceed directly to a final decision, or do opportunities remain to fortify the application and protect the brand’s eligibility for registration? Should the initial arguments be rejected, is the applicant still permitted to amend the application, supplement the record, or present new arguments to resolve the grounds for refusal? What are the subsequent procedural steps an applicant must navigate to avoid missing critical deadlines? Furthermore, if a final refusal...

09 June

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Registering Composite Marks in Vietnam: What Legal Risks to Consider Under the 2022 IP Law?

Posted by KENFOX IP

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download “One application – a “composite” trademark – cost-effective”. This is a common belief among many trademark owners when opting to file a trademark that combines both figurative elements (logo) and word elements (word mark). Instead of filing two separate applications – one for the logo and one for the word mark – they consolidate both into a single trademark specimen to reduce filing, examination, publication, and renewal costs. However, what appears to be a reasonable and economical approach actually contains serious legal risks that may significantly impair the applicant’s rights, especially in light of Vietnam’s legislative changes following the 2022...

21 May

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Registering Trademarks in Black and White or in Color: What Is the Optimal Protection Strategy in Vietnam?

Posted by KENFOX IP

in IP Practice, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Every element that constitutes a brand - even the smallest detail - can serve as either a competitive advantage or a strategic vulnerability in the pursuit of market share and consumer trust. A trademark, as a core commercial identifier, is not merely a visual symbol but also embodies the reputation, value, and identity of the business. Accordingly, the decision to register a trademark in black and white or in its color version should not be treated as a mere formality. Rather, it must be approached as a strategic legal determination with direct implications for the scope of intellectual property...

20 May

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

Posted by KENFOX IP

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...