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?...
Continue readingDepriving 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...
Continue readingDownload In Vietnam, wilful trademark infringement is recognized when someone knowingly and intentionally uses a protected trademark without the owner's permission, in a way that causes confusion or exploits the brand’s reputation. Willful trademark infringement is recognized through both administrative and criminal actions. Administrative actions involve imposing fines and other penalties by authorities for infringing activities, while criminal actions, involving more severe penalties, are pursued when the infringement is considered to be on a commercial scale or involves counterfeit goods. The deliberate and intentional nature of an infringement not only affects the severity of penalties but also influences the overall approach to combating...
Continue readingDownload Intellectual property (“IP”) rights are not merely a legal title, but a vital tool to safeguard corporate value - rights that only become meaningful when effectively enforced and promptly protected. On July 24, 2025, a critical legal milestone was achieved in the enforcement of IP rights for LACTOMASON CO., LTD., a reputable enterprise from South Korea. On this date, KENFOX IP & Law Office, in close coordination with Market Surveillance Team No. 1, successfully conducted an inspection and enforcement action against a serious infringement at the premises of Lacto Mason Vietnam Co., Ltd., located at 112 Nam Van Lung, An Khanh...
Continue readingDownload In practice, trademarks containing geographical names or abbreviations of intergovernmental organizations are often refused registration by national IP offices on the grounds that they violate prohibitions against the use of symbols, emblems, or names of states or international organizations. However, KENFOX IP & Law Office recently succeeded in assisting the owner of an international trademark registration under the Madrid System in overturning a provisional refusal issued by the Department of Intellectual Property (DIP) of Cambodia. The refusal pertained to the mark “CONEASEAN” registered under International Registration No. 1523889, which seeks protection for goods in Classes 16 and 30. Legal Barrier: Use of...
Continue readingIn the complex landscape of cross-border trademark protection, it is not uncommon for marks designated for protection in Cambodia under the Madrid System to face provisional refusals. Yet the challenge escalates significantly when the grounds for refusal stem not from similarity to a single cited mark, but to two well-established trademarks simultaneously. This is more than a procedural setback; it places the applicant before a near-impenetrable legal framework, where the line between similarity and likelihood of confusion becomes a focal point of intricate legal debate....
Continue readingIn Laos, securing a trademark registration is streamlined by a first-to-file system. However, the true challenge for trademark owners lies in understanding and adhering to the post-registration "use" requirements. KENFOX IP & Law Office, with its consistent recognition for expertise in Lao trademark and patent law, has a proven track record of assisting international and domestic clients in both securing and enforcing their IP rights. We would like to offer a detailed overview of trademark use requirements in Laos, exploring key post-registration obligations, the implications of non-use, and practical strategies for safeguarding your valuable brand assets in the Lao market....
Continue readingKENFOX IP & Law Office has secured a significant victory for its client, Minix Technology Ltd., a Shenzhen, China-based technology company. After nine years of persistent pursuit, KENFOX successfully persuaded the Intellectual Property Office of Vietnam (IPVN) to grant protection for the "MINIX" trademark in Class 09. This success not only affirms Minix Technology Ltd.'s legitimate rights but also establishes a valuable legal precedent for similar cases in the future....
Continue readingKENFOX IP & Law Office successfully assisted its client, Tianjin Pharmaceutical Da Ren Tang Group Corporation Ltd., in overturning the provisional refusal of the International Registration for the trademark “達仁堂” (Da Ren Tang) in Cambodia. The Cambodian Department of Intellectual Property (DIP)'s initial decision to refuse the trademark was reversed on March 24, 2025, paving the way for the protection of this prestigious brand....
Continue readingVietnam's Intellectual Property Law (IP Law), along with its guiding legal documents such as Decree 65/2023/ND-CP and Circular 23/2023/TT-BKHCN, does not contain any provisions stating that a "Letter of Consent" (LOC) can automatically eliminate the risk of confusion between trademarks or automatically lead to the approval of a trademark application when such a document is submitted. This lack of a clear legal mechanism for Letters of Consent has created a significant legal gap, making the examination process unpredictable and inconsistent, especially in cases where applicants have diligently negotiated and obtained consent from the owner of the cited trademark....
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