KENFOX IP & Law Office > Our Practice (Page 11)

How is a GI application examined in Vietnam?

The examination of a GI application in Vietnam is carried out by IP VIETNAM, which is responsible for administering GI protection in Vietnam. Here is an overview of the GI examination process in Vietnam: A GI application will be firstly examined as to formality, then, published on the Industrial Property Gazette of Vietnam, and substantively examined therafter and grant of protection if meeting requirements of protection under the laws of Vietnam. Formality examination: Timeline: 01 months from the filing date. It takes 01 month for IP VIETNAM to complete a formality examination of a GI application in Vietnam. In the course of formality examination,...

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What are the most important notes about GI registration in Vietnam?

1. Each GI application may register only one GI used for one product [1]; 2. Requirements for “description of peculiar characteristics” [2] A description of peculiar characteristics of the product must contain the following principal information: (i) Enumeration of the given nature/quality of the product bearing the GI dictated by geographical conditions - by means of sense, qualitative and quantitative indicators to physical, chemical and biological properties, which can be tested by technical devices or experts using a specified testing method; and/or (ii) Reputation of the product bearing the GI dictated by geographical conditions - determined through the widespread knowledge of interested consumers about...

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How to register a geographical indication in Vietnam?

Download Overview: Geographical indications (GIs) are categorized as a type of industrial property right in Vietnam and protection of GIs are regulated under the Law on Intellectual Property. A GI identifies a product as originating from a specific geographical location and possessing unique qualities or characteristics that are attributable to that location. GI protection can help build confidence among customers by providing assurance of the product's authenticity and quality, as well as its cultural and traditional value. For producers, GI protection can enhance the reputation of their products and increase their market value, as customers are willing to pay a premium for products...

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Is a trademark published after its registration in Laos?

The publication of a trademark in the industrial property gazette serves as public notice of the trademark registration and provides information about the trademark to the public. The post-registration publication of a trademark application provides potential infringers with notice of the trademark owner’s rights. It also provides an opportunity for third parties to file a cancellation action against the trademark registration if they believe that it infringes on their rights or is otherwise inappropriate. This makes trademark registration fair and transparent. After a trademark is registered, the Department of Intellectual Property of Laos must publish the trademark registration in the Official...

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What are advantages of prior use of trademarks in Laos?

The use of an unregistered trademark comes with certain risks, such as the possibility of infringing on the trademark rights of others if the unregistered mark is deemed confusingly similar to a prior registered trademark. However, there are also some potential benefits to using an unregistered mark before applying for registration, for example: (i) Increasing chance of success in registering marks of low disctinctiveness: In some cases, a descriptive trademark may become distinctive through widespread use prior to the filing date. In these situations, the trademark applicant can overcome objections related to lack of distinctiveness by providing evidence that their trademark...

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How to cancel/invalidate a trademark registration in Laos ?

Trademark cancellation proceedings in Laos serve as a crucial legal avenue to remove a registered trademark from the trademark register. This process can be initiated by anyone who believes that the trademark in question should not have been registered or that the trademark owner is no longer using the trademark in commerce. At KENFOX, we understand the significance of trademark cancellation and provide a comprehensive guide to help you navigate the process effectively. Whether you believe a registered trademark should not have been granted or that the trademark owner is no longer using the mark in commerce, understanding the grounds,...

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Can we file a request for recordal of changes for trademark registration and obtain a duplicate of a Trademark Registration Certificate in Laos?

Can we file a request for recordal of changes for trademark registration in Laos? Regularly reviewing trademark registration to ensure that it remains accurate and up-to-date is critical. After a trademark is registered, a requirement for recordal of change of the trademark registration may arise in the following scenarios: (i)  Change in the goods/services: If the trademark owner may need to limit/delete some goods/services under the registered mark. (ii) Change in the trademark use or the trademark image: If the trademark owner has changed the way that they use the trademark, they may need to make changes to their trademark registration to reflect...

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Can the type of the mark and trademark application be amended in Laos?

Can a trademark application be amended in Laos? During the examination period, the trademark applicant can amend the application at any time, provided that such amendment is performed before the registration of the mark, final refusal, or at the end of other considerations of said application, without having to pay official fees and service fees. The amendment must not add a list, a class of goods, or a service, or make any changes to the original characteristics of the mark in the application. Can the type of the mark be amended in Laos? You can amend any mark type specified in an initial...

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How can applicant deal with a trademark disclaimer in Laos?

A trademark disclaimer is construed as a declaration issued by the owner of a trademark declaring that the trademark does not contain specific rights to certain terms or features included in the trademark. This statement is provided by the trademark owner. The purpose of a disclaimer is to clarify the scope of trademark rights and eliminate any potential for confusion with comparable trademarks. Laos has disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive). In practice, it is not mandatory to clearly indicate a disclaimer to the element...

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How can one file a trademark opposition in Laos

After the formality examination for a trademark application is completed, DIP will publish the trademark application in the Official Gazette of Registration of Industrial Property within 15 days. Third parties can submit a Notice of Opposition to a trademark application in Laos within 60 days as of the date of publication in the Official Gazette of Registration of Industrial Property. This timeline is non-extendable. Required documents: A Notice of Opposition of a Trademark registration in Laos must include the following documents: (i)  The application form for opposition of a Trademark registration; (ii) The documents and evidence clarifying the opposition; (iii) The fee service receipt. Processes of...

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