KENFOX IP & Law Office > Our Practice (Page 2)

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

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)?”...

Continue reading

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

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 the...

Continue reading

Trademark Examination Processes in Vietnam: Why You Need to Monitor Every Step to Avoid Costly Delays

The trademark examination process in Vietnam involves formality examination, publication, substantive examination, and a decision on registration or refusal. The process typically takes 12 to 18 months, but can be longer if there are objections or oppositions.  With extensive practical experience, KENFOX IP & Law Office provides comprehensive representation services, assisting trademark owners in closely monitoring each step of the registration process to ensure timely, lawful execution of procedures and to avoid potential risks....

Continue reading

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

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 trademark...

Continue reading

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

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....

Continue reading

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

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 the...

Continue reading

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

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...

Continue reading

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

“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....

Continue reading

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

Continue reading

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

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 that...

Continue reading