22 July

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Trademark Enforcement in Cambodia: Café Logo Dispute Resolved via Economic Police Action

in Cambodia, Cambodia, Trademark, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] A café logo dispute in Cambodia demonstrates that trademark infringement does not necessarily require an exact copy of a registered mark. Where the logo presentation, storefront signage, and overall commercial impression create a likelihood of confusion in the same service sector, the trademark owner may have grounds to act. In this case, MGC Global Co., Ltd., owner of the MEGA COFFEE / MGC logo trademark in Cambodia, adopted a staged enforcement strategy: evidence collection, issuance of a warning letter, escalation to the Economic Police, and ultimately securing a written undertaking to cease use and remove the infringing sign. Background MGC Global...

16 June

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Whether Functional Products Are Eligible for Protection as ‘Works of Applied Art’ in Vietnam?

Posted by KENFOX IP

in Patent, Uncategorized, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] [/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text]A “functional product”, in simple terms, is a product that serves a practical utilitarian purpose (e.g., household items, electronic devices, technical tools, etc.). For many years, prevailing “orthodox” legal thinking in Vietnam has tended to classify functional products (useful articles) such as bicycles, furniture, handbags, perfume bottles, and coffee machines squarely within the realm of industrial designs. From this practice emerged an almost unassailable assumption: Functional products cannot qualify as “works” and therefore are not eligible for copyright protection. International practice, however, demonstrates the opposite. French courts have recognized the Hermès Birkin and Kelly handbags as works of art...

25 February

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Nearly 1,000 U.S. Patent Applications Terminated – A Cross-Border Compliance Crisis and the Lessons to Be Learned

Posted by KENFOX IP

in News, Notable Articles, Patent

The USPTO has terminated the proceedings of nearly 1,000 patent applications after discovering serious irregularities in filings handled through a cross-border “intermediary” model. The matter was triggered when a U.S. agency was found to have submitted documents using unauthorized electronic signatures of registered practitioners and/or applicants, prompting the USPTO to issue Show-Cause Orders across the portfolio. The core of this legal scandal lay in fundamental breaches of integrity: the U.S. attorney acted merely as a “signatory of convenience”, had no direct engagement with the ultimate client, and failed to verify the authenticity of the submitted filings. As a consequence, nearly 1,000 patent...

12 June

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

Posted by Quyen Nguyen

in Cambodia, Notable Articles, Trademark

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 is...

31 October

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Re-Registration Of Chinese Patents In Cambodia: What Should Be Noted?

Posted by Vu Thu Uyen

in Cambodia, Notable Articles, Patent

Cambodia and China entered into the Memorandum of Understanding on Bilateral Cooperation on Intellectual Property (“MOU”). The Cambodian Ministry of Industry and Handicrafts (“MIH”) adopted Prakas (Declaration) No. 080 MIH/2018 dated 27 March 2018 on the re-registration of Chinese patent in Cambodia. This MOU is valid for 5 years from the date of signing. It has been renewed recently....

16 August

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Trademark Disputes with Trade Names: How to Resolve in Cambodia?

Posted by Vu Thu Uyen

in Cambodia, Notable Articles, Trademark

Trademark owners have reason to be concerned as they discover an increasing number of their trademarks being infringed upon in increasingly sophisticated ways in Cambodia. Many Chinese businesses, despite having registered trademarks, are facing the situation where their trademarks are being used as trade names by companies in Cambodia. When similar names appear in the market, registered trademarks gradually lose their distinctiveness, leading trademark owners to lose market share and potentially collapse after investing significant financial, human, creative, and time resources in marketing efforts....

07 August

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The Madrid System and its Potential Risks: A 4-Year Battle to Reclaim a Trademark from the Brink of Failure in Cambodia

Posted by Vu Thu Uyen

in Cambodia, Notable Articles, Trademark

Download Two refusals of protection appeared to have ended the effort to register the trademark "CrossLeader" when the International Trademark Registration of DOUBLESTAR GROUP CO., LTD., a Chinese state-owned listed tire company, under the Madrid System designating protection in Cambodia was continuously refused. However, with perseverance and a sharp legal strategy, KENFOX IP & Law Office helped DOUBLESTAR reverse the decision, securing the company's investments in Cambodia. The final victory not only stands as a testament to DOUBLESTAR's perseverance but also offers valuable lessons, serving as a guide for other businesses seeking effective legal strategies to protect their trademarks under the Madrid...

04 April

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Validating European Patents in Cambodia: 8 Key Points You Need To Know

Posted by Quyen Nguyen

in Cambodia

Download Patent validation, in the context of the European Patent Office (EPO) and its validation agreement with non-member countries like Cambodia, refers to the process by which a European patent application, once granted, can also be recognized and enforced in a non-EPO member state. Validation significantly benefits patent holders by allowing them to extend their patent protection to Cambodia without having to go through the entire patent application process again in the country. This can lead to more efficient and cost-effective IP management for entities operating on a global scale. KENFOX IP & Law Office would like to provide below 8 key...

20 March

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Industrial Design Registration in Cambodia: How to Overcome Refusal for Successful Protection

Posted by Vu Thu Uyen

in Cambodia, Industrial Design, Notable Articles

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Today's product appeal is not limited to quality issues. A product with good quality, but the design is not beautiful or sophisticated, is no longer the top priority choice of consumers. Gone are the days when consumers only preferred something that was sturdy, durable, or had better wood than good paint. High quality, but without creativity in design, the product will be less attractive, losing its advantage over a sea of similar offerings. Uniqueness and novelty in design are the keys to helping products stand out, strengthening their position and increasing profits for businesses in the market. Creating a product...

23 June

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Cambodian Customs and IPR Enforcement: What You Need to Know

Posted by Vu Thu Uyen

in Cambodia, Notable Articles

Download Cambodia's lack of a customs recordal system means that the customs authorities have not yet received any requests for customs supervision regarding intellectual property rights (IPR) infringement. But what does this mean for intellectual property rights holders who are looking to protect their interests in Cambodia? Is there any recourse available to them? In fact, there are still ways to engage Cambodian customs to enforce IPR infringement, and one of these ways is by filing a request for recordal of exclusive distributorship. In this article, we will explore this option in more detail and discuss the implications for intellectual property...