KENFOX IP & Law Office > Our Practice (Page 3)

Proving bad faith: What lessons to be learned to reclaim trademarks in Vietnam?

Reclaiming a trademark through opposition or invalidation procedures is never simple, especially when the rightful owner has not registered the trademark in their target market. Nevertheless, a Turkish company successfully regained its trademark in the European Union through invalidation proceedings, despite not holding any pre-existing trademark rights there. The company’s registration had been made in bad faith by a third party....

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Understanding IP Law in Vietnam: Why Selling Genuine Products Might Still Be Infringement?

1. RULE ONE is a corporation with over 10 years of experience in the field of fitness and sports supplements. Established in 2014 by the Costello family, who also founded the renowned Optimum Nutrition (ON) brand, known worldwide for the legendary Whey Gold Standard. After selling the ON brand to Glanbia five years ago, the Costello brothers developed a new brand. They continued to leverage the technology from their previous brand while incorporating modern advancements. Among their most prominent products are R1 Protein, R1 Gain, R1 BCAA, R1 Casein, R1 Energy+, and R1 Pre Amino. Rule 1 Protein, a premium...

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Medical method inventions: What should be done to obtain patent protection in Vietnam?

In Vietnam, methods of preventing, diagnosing, and treating diseases in humans and animals, known as “excluded medical methods”, are not eligible for patent protection under Article 59.7 of the Vietnam Intellectual Property Law. This regulation, established based on humanitarian policies, aims to facilitate access to advanced medical services for all societal classes, thereby improving public health by removing patent ownership barriers. However, it poses significant challenges for patent owners seeking to protect intellectual property rights for their medical method inventions. So, what are the excluded medical methods? How to identify these methods? And are there any available solutions for protecting...

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Cancelling a Trademark Registration in Bad Faith in Vietnam: What a Genuine Trademark Owner Needs to Do?

Download [Executive summary]: v. . Tân Việt Company, a Vietnamese enterprise, successfully secured the trademark "CAF PROFESSIONAL SOUND" under Registration No. 390821 with IP VIETNAM. Upon discovering this registration, Kafu Company, a China-based company, filed an invalidation with IP VIETNAM based on bad faith ground. Category Details Applied-for trademark Class & goods 09 (Audio equipment such as speakers, audio amplifiers, disc players).35 (Trading, importing and exporting audio equipment such as speakers, sound amplifiers, disc players). Application/Registration No. 4-2018-28713 (390821) Applicant Công ty cổ phần xuất nhập khẩu & đầu tư phát triển Tân Việt (Tan Viet Company) Genuine trademark owner Foshan City Nanhai Kafu Professional Audio Equipment Factory (Kafu Company) Action Filing a trademark...

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05 Notable Bad Faith Trademark Cases in Vietnam:  What Lessons Should You Learn?  

Download Trademark squatting or the bad faith registration of trademarks to misappropriate the intellectual property of foreign companies for illicit profit has become increasingly common in Vietnam. The more prestigious and reputable the brand, the greater the risk of becoming a target of this exploitative practice. KENFOX IP & Law Office would like to provide 05 notable bad faith trademark cases in Vietnam so that IPR holders who are currently conducting or planning to conduct business in Vietnam can understand the potential risks and challenges, having clearer picture of the legal processes in Vietnam, based on which better strategize their trademark...

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Trademark Oppositions In Vietnam: What Grounds And How To Effectively Apply?

Download Intellectual property rights (IPR) holders never want their competitors to register a mark closely resembling their own marks. This is to mitigate legal risks, particularly in preventing confusion among consumers and deterring unauthorized trademark use or free riding on their goodwill associated with their mark. To mitigate these risks and safeguard the value of their brands and intellectual property in Vietnam, intellectual property rights holders must clearly understand the legal grounds for exercising the right to ”oppose” a trademark or to provide 'third-party observation”, as outlined in Articles 112 and 112a of the amended 2022 IP Law. What legal grounds justify...

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Protection of Plant Breeder’s rights in Laos: What You Need To Know

Download In Laos, farming (agriculture) is very important for both the people's way of life and the country's economy. Because of this, protecting the rights of people who create new types of plants (i.e., plant breeder's rights) is becoming a very important issue. The Law on Intellectual Property (Amended) No. 38/NA, which came into force on June 8, 2018, marks a significant step forward in recognizing and safeguarding the intellectual efforts of those who bring new plant varieties to life. But what does this mean for the breeders, the agricultural sector, and the biodiversity of Laos? KENFOX IP & Law Office...

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

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...

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Should you abandon a trademark application temporarily refused registration in Vietnam?

Not a few trademark applications in Vietnam, whether directly submitted to the Intellectual Property Office of Vietnam (IP VIETNAM) or designated through the Madrid system, are temporarily refused for registration. The situation will be more challenging and daunting in case such a temporarily refused trademark has been commercialized in Vietnam for several years. The temporary refusal of their trademark application raises a critical and complex question: whether to continue the pursuit of registration or to consider abandoning the application?...

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