27 February

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Appropriating the trademark “HWASUNG” of Korean company to attack the genuine trademark owner

Download HWASUNG is a trade name and trademark used by HWASUNG Company for their electric wire products. HWASUNG, a Korean company, together with 2 other Korean companies, SEOUL and SIMEX, contributed capital to establish SH-VINA Company, 100% foreign owned enterprise of Korea, in Vinh Phuc province. Thien Phu Company, based in Hanoi Vietnam, applied to register the trademark “HWASUNG” for products of electric wires, cables and electrical products in Class 09 and was granted the Certificate of Registration Certificate in 2005. After registering the trademark "HWASUNG", Thien Phu Company petitioned Marke Management Agency in Hanoi to seize a large number of goods including...

21 February

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What are required documents for GI registration in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

The registration of a geographical indication (GI) in Vietnam requires the submission of a set of documents to the Intellectual Property Office of Vietnam (IP VIETNAM), which is the agency responsible for administering GI protection in Vietnam. The required documents for GI registration in Vietnam include (i) The name or the sign that is the geographical indication (GI) (soft file); (ii) List of goods bearing the geographical indication; (iii) Description of peculiar characteristics or quality or reputation of the product bearing the geographical indication and characteristics of natural conditions attributing to the peculiar characteristics or quality, or reputation of the product (hereinafter referred...

21 February

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What are the differences between GI, Collective and Certification marks?

Posted by Ly Dinh

in Geographical Indication, Vietnam

Geographical Indication: A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In other words, a GI is used to indicate that a product is from a specific region and has certain qualities or characteristics that are unique to that region. Examples of GI products include Champagne, Scotch Whisky, and Darjeeling tea. Collective marks: A Collective mark is a sign used by members of a particular association, cooperative, or organization to indicate that their products or services come from a particular source. In this case,...

21 February

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How does EVFTA affect GI registration and protection in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Uncategorized, Vietnam

The EVFTA has a significant impact on GI registration and protection in Vietnam in the following ways: Increased protection for European GIs in Vietnam: Under the EVFTA, Vietnam has agreed to protect 169 European GIs, including famous products such as Champagne, Parmigiano Reggiano, and Roquefort cheese. These GIs will receive the same level of protection as Vietnamese GIs, which will provide increased legal protection for European producers. Streamlined GI registration process: The EVFTA provides for a streamlined process for GI registration in Vietnam, which should make it easier and faster for European producers to register their GIs in Vietnam. The...

21 February

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Whether a GI can be protected under an International IP Agreement?

Posted by Ly Dinh

in Geographical Indication, Vietnam

Vietnam entered two significant international trade deals in 2018-2019 that require, among other things, a higher standard of intellectual property protection in Vietnam. The first is the Comprehensive and Progressive Trans-Pacific Partnership Agreement ("CPTPP"), which was signed in March 2018 and took effect on 14 January 2019. The second is the EU-Vietnam Free Trade Agreement ("EVFTA"), which was signed in June 2019 and entered into force on 1 August 2020. EVFTA is a free trade agreement between the EU and Vietnam. The EVFTA is one of the most comprehensive and ambitious free trade agreements that the EU has ever signed with...

21 February

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What are the main reasons for refusal of registration of a GI in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

There are several reasons why a geographical indication (GI) application may be refused registration in Vietnam. Here are some of the main reasons: (i) Conflict with prior rights: The product may conflict with prior rights, such as trademarks or other GIs, that are already registered or pending registration in Vietnam. (ii) Lack of distinctiveness: The product does not have distinctive qualities or characteristics that can be attributed to its geographical origin. (iii) Lack of evidence: The application does not provide sufficient evidence of the link between the product and the geographical area, or of the product's reputation and recognition in the marketplace. (iv) Generic...

21 February

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How is a GI application examined in Vietnam?

Posted by Ly Dinh

in Geographical Indication, 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,...

21 February

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

Posted by Ly Dinh

in Geographical Indication, 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...

21 February

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How to register a geographical indication in Vietnam?

Posted by Ly Dinh

in Geographical Indication, 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...

20 February

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Is a trademark published after its registration in Laos?

Posted by Vu Thu Uyen

in Trademark

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...