01 July

Sticky

How to Prove Well-Known Trademark Status in Vietnam: Legal Pathways and Practical Insights

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Trademark squatting is emerging as a serious legal challenge for international businesses operating in Vietnam. Numerous global brands have found themselves in disadvantaged positions when their trademarks were preemptively registered by third parties, obstructing business operations and eroding brand value. In this context, obtaining well-known trademark recognition serves as an essential legal tool, not only to prevent intellectual property infringements but also as a key solution for businesses to restore and protect their legitimate rights. However, unlike many jurisdictions that adopt a formal registration system for well-known marks, Vietnam’s legal framework takes a case-by-case assessment approach, with a strong emphasis...

01 July

0 Comments

Sticky

Common Misconceptions and Legal Risks of Using the ® Symbol in Vietnam

Posted by Vu Thu Uyen

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download In Vietnam, it is not uncommon for businesses to underestimate the legal significance of using the registered trademark symbol ®. Many mistakenly believe that placing the ® symbol on a trademark that is still pending registration - or even one for which no application has been filed - poses little or no legal risk. Some may view it as a harmless marketing tactic or an acceptable placeholder while waiting for registration approval. However, the reality is far more serious. Under Vietnamese law, such misuse can expose businesses to a range of legal consequences, including administrative sanctions, fines, reputational damage,...

01 July

0 Comments

Sticky

Chinese-character Trademarks in Vietnam: Do You Need to Register Them in Vietnamese?

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, foreign businesses, especially those from countries using ideographic scripts such as China, Japan, and South Korea, often face an important question when entering the Vietnamese market: “Is registering a trademark in Chinese characters (or other non-Latin scripts) sufficient for comprehensive brand protection in Vietnam, or is it necessary to additionally register a trademark in the Vietnamese language (either as a transliteration or translation)?” KENFOX IP & Law Office provides an in-depth legal analysis of this issue, helping trademark owners identify potential risks and develop an optimal trademark registration strategy in Vietnam. The Core...

01 July

0 Comments

Sticky

Protection of Famous Names Under Trademark Law: Lessons from the Usain Bolt Case and Vietnamese Practice

Posted by Ly Dinh

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download The successful opposition by Usain Saint Leo Bolt ("Usain Bolt") against the trademark application "" in China stands as a prime example of how the China National Intellectual Property Administration (“CNIPA”) recognizes and protects the rights attached to a famous personal name, even where no trademark registration exists in China. The CNIPA’s decision has set a noteworthy precedent for legitimate foreign brand owners: even without formal trademark registration, individuals with a high level of fame and a strong association between their name and identity may still be afforded legal protection. Significantly, the CNIPA did not limit its assessment to...

01 July

0 Comments

Sticky

Vietnam’s Intellectual Property Legal Framework: Opportunities and Challenges for Foreign Investors

Posted by Vu Thu Uyen

in IP Practice, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Vietnam has developed a comprehensive legal framework for intellectual property (IP) rights that is increasingly important for foreign investors. As Vietnam’s economy integrates globally, its IP laws have evolved to align with international standards (e.g. WTO TRIPS Agreement) while addressing local enforcement challenges. KENFOX IP & Law Office, with its practical and extensive expertise in IP field, provides a comprehensive overview and analysis of Vietnam’s IP legal system, covering the main IP categories (copyright, trademarks, patents, industrial designs, trade secrets), key legislation and agencies, recent legal reforms, enforcement mechanisms, international treaty commitments, and practical guidance for foreign companies, enableing foreign...

27 June

0 Comments

Sticky

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

Posted by Ly Dinh

in Cambodia, Laos, Notable Articles, Trademark, Vietnam

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....

13 June

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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...