03 October

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Identical Filing Dates, Identical Marks: Vietnam’s Resolution Mechanism and How Businesses Should Respond?

in Notable Articles, Trademark, Viet Nam

Download In practice, it is not uncommon for two entirely independent entities to file applications to protect an identical or similar sign for the same goods/services - sometimes even on the very same day. What may appear to be a mere coincidence, however, presents an intriguing legal question: when both applications satisfy the filing-date requirement equally, who has priority? Who will be the lawful owner of the mark? In a rare case, a client of KENFOX IP & Law Office - Eurotek Vietnam Lubricants Co., Ltd. (Công ty TNHH Dầu nhớt Eurotek Việt Nam) - filed an application for the mark “”...

26 September

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“Bad Faith”, “Conflict of Rights”, and “IP Abuse” in Vietnam: What Lessons Can Be Drawn from the “Foellie” Trademark Dispute?

Posted by Dương Thúy

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download On 15 September 2025, the Intellectual Property Office of Vietnam (“VN IPO”) issued a Decision No. 205432/QĐ-SHTT annulling the validity of Certificate of Trademark Registration No. 525787 for “FOELLIE” in the name of Lưu Ngọc Anh, thereby ending four years of dispute and bringing an end to a pattern of abusive assertions of IP rights. For Laorganic Co., Ltd. (Korea) - the true proprietor of the “” (“Foellie”) mark - this Decision is not merely a matter of victory or defeat. Beyond restoring their name as the rightful owner, it revives the entire commercial flow that had been throttled...

22 September

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Trademarks in the Metaverse: How to Effectively Protect Trademarks for “Physical” Products in the Virtual Space in Vietnam?

Posted by Dương Thúy

in Notable Articles, Trademark in Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Trademark disputes are becoming increasingly diverse, complex, and unceasing. Does the owner of a trademark for a “physical” automobile or watch, protected in Vietnam, China, or any other country, have the right to prevent a "virtual" version of the same product from appearing in an online game - with its logo intact and players willing to spend real money to acquire it? In a broader sense: Can using a mark on a virtual goods infringe the trademark for a physical goods? Traditionally, trademark infringement has been assessed based on the likelihood of confusion, in which the similarity between goods...

17 September

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Freedom to Operate (FTO) in Vietnam: Why and How you can conduct an FTO before product launching?

Posted by Dương Thúy

in Notable Articles, Patent, Viet Nam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Launching a product in Vietnam without an FTO check is like driving at night with the headlights off, possible, but risky and expensive. Vietnam recognizes utility solutions (utility models), a powerful doctrine of equivalents in infringement analysis, and broad “Bolar”-style regulatory approval exceptions. Knowing which of these helps you, and which hurts you, often decides whether your launch flies or stalls. For foreign enterprises considering entry into the Vietnamese market, conducting a Freedom-to-Operate (FTO) search is not a simple administrative box to check; it is a critical, proactive tool for risk mitigation and strategic business planning. In a rapidly evolving...

28 August

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Punitive Damages in Trademark Infringement: From a Chinese Precedent to a Legal Void in Vietnam

Posted by Dương Thúy

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The act of “repeat infringement” has long been considered a basis for imposing harsher sanctions, including punitive damages. China’s legal system expressly allows this approach, but proving repeat infringement in practice requires a clear and convincing chain of evidence. A recent ruling by the People’s Court of Yuexiu District, Guangzhou, in a dispute involving Cartier, illustrates how Chinese courts evaluate evidence to establish repeat infringement and justify punitive damages. The case highlights the practical methods right holders can employ to strengthen their claims, while also exposing the current legal gap in Vietnam, where punitive damages remain unavailable. Background Cartier, a globally...

25 August

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Trademark Cancellation for Non-Use in Vietnam: What Valuable Lessons Can Be Drawn?

Posted by Dương Thúy

in Notable Articles, Trademark, Viet Nam

Download The trademark cancelaltion request against Trademark Registration Certificate No. 103943 (“DD DANTI, device”), filed and pursued by KENFOX IP & Law Office, lasted for a decade and has become a landmark case in the field of intellectual property (IP) in Vietnam. What initially appeared to be a straightforward matter of cancelling a trademark for non-use turned into a complex legal battle between enterprises competing to defend and secure their IP rights. This case has helped to more clearly define the regulations on "use of a trademark" under Article 124.5 of Vietnam’s IP Law, limiting ambiguous interpretations and preventing the abuse of...

22 August

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Trademark Enforcement in Laos: A Smart Strategy in a High-Risk Region

Posted by Quyen Nguyen

in Laos, Notable Articles, Trademark, Uncategorized

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download What are the options for a trademark owner if their trademark is illegally used in Laos - one of Southeast Asia's most challenging jurisdictions? This was the critical question facing Luk Fook Company, a leading international jewelry brand, when its trademark was found to be in unauthorized use at a storefront within the Golden Triangle Special Economic Zone, a region in Bokeo Province, Laos, known for its legal ambiguity and illicit activities. Although enforcement in such jurisdictions may appear impractical or fraught with risk, Luk Fook Company’s enforcement strategy demonstrates that targeted legal intervention, executed with precision and discretion, can...

22 August

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Trademark Assignment in Vietnam: Why It’s Refused and How to Overcome It?

Posted by Dương Thúy

in Notable Articles, Trademark, Viet Nam

Trademark assignment in Vietnam is subject to strict statutory requirements and substantive examination by the Intellectual Property Office of Vietnam (“IPVN”). In practice, assignments are frequently refused on grounds of potential confusion or non-compliance with mandatory provisions. Challenges become more acute if the assignor owns trademarks that are closely similar to one another or, in more serious circumstances, where the assignor’s trade name itself is also the trademark name. KENFOX IP & Law Office, with over 15 years of practical experience and expertise in IP protection in Vietnam, provides in-depth analysis of the risks associated with trademark assignment, along with strategic...

15 August

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The “Balizam” Trademark Dispute – A Costly Lesson and a Stark Warning for Domestic Enterprises in International Partnerships

Posted by Dương Thúy

in Notable Articles, Trademark

When a Chinese company invests over RMB 50 million to develop a foreign brand, builds a distribution network, promotes the product, and receives a formal Letter of Authorization from its Russian partner authorizing trademark registration in China - can it lose all ownership rights through a single retrial judgment?...

13 August

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Determining Illegal Gains from Intellectual Property Infringement in Vietnam

Posted by Dương Thúy

in IP Practice, Notable Articles

Depriving infringers of all benefits obtained from their unlawful acts is a core principle intended to deter violations and eliminate the motivation to infringe. Vietnamese law has established a clear system of regulations for identifying and handling illegal gains, or illicit profits, that organizations and individuals obtain from infringing upon intellectual property (IP) rights. However, the mechanisms for determining and calculating these infringing profits are not uniform and vary depending on the context of the proceedings: from administrative sanctions to civil lawsuits and criminal prosecution. Therefore, a thorough understanding of how to apply the appropriate method for each type of...