17 March

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How to Successfully Argue Wide Use Evidence in Trademark Opposition and Cancellation Cases in Vietnam?

Download Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how National Office of Intellectual Property of Vietnam (IP VIETNAM) evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights. Facts A recent case that exemplifies the above mentioned principle...

13 March

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Is the use of a trademark on the website considered admissible evidence against a trademark invalidation in Vietnam ?

Posted by Vu Thu Uyen

in Trademark in Vietnam, Vietnam

Any third party may file a request with the Intellectual Property Office of Vietnam to cancel the registration of a trademark if it has not been utilized by its owner for five years from the date of registration. This procedure serves to cancel trademarks that exist in the register but are not used in practice, and also to prevent trademark squatting that aims to block identical marks from entering the market. However, the absence of clear guidelines on the "use of trademark" in Vietnam's intellectual property law may hinder the institution's ability to invalidate trademarks based on non-use grounds stipulated...

10 March

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How to use US patents to expedite Cambodian patent examination: A step-by-step guide

Posted by Ly Dinh

in Cambodia, Patent

Download The process of patent examination can be complex, time-consuming, and often leads to unpredictable outcomes. In order to provide greater predictability and streamline the process, Cambodia has implemented programs to expedite the examination of patent applications. These programs are the result of bilateral agreements between Cambodia and foreign countries, including the latest agreement with the United States on October 23, 2020. Under this agreement, Cambodian patent applications can be accelerated by relying on US patents during examination. Similar agreements with China, Singapore, Korea, Japan, and Europe have also allowed foreign patent owners to efficiently extend their patent rights to Cambodia. This...

07 March

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Key takeaways from the recent trademark assessment conclusion issued by the Vietnam Intellectual Property Research Institute

Posted by Ly Dinh

in IP Practice, News

Download Background: HOA SEN Vietnam Co., Ltd is a company engaged in design, art design, advertising, and communication. In 2013, HOA SEN Company registered a mark including the verbal element "HOA SEN" in combination with a number of other elements (HOA SEN, device) at the Intellectual Property Office of Vietnam (“IP Vietnam”) for 04 classes of services including: Trademark: HOA SEN, device Class 35: Advertising services, presentation/display of goods on communication media for sales. Class 40: Printing services. Class 41: Television program production activities; photography; organizing cultural, artistic and sports events Class 42: Print product design service In 2017, the distributor and sales agent...

06 March

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Amending Patent Specifications In Vietnam – Best Practices for Applicants

Posted by Ly Dinh

in IP Practice, Patent

Download Even after a patent specification has been filed to the Intellectual Property Office of Vietnam (IP VIETNAM), it may be amended at the applicant's initiative (also known as voluntary amendment) or at IP VIETNAM's request. If an amendment or supplement to a patent application expands the scope of the subject matter disclosed or stated in the application or alters the nature of the claimed subject matter stated in the application, there is a risk that the patented product or process could be invalidated at the request of a third party. To mitigate such legal risks associated with patents, it is...

27 February

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Trademark squatting – a concerning trend for the business owners in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark in Vietnam

Download The loss of a trademark can result in a loss of market access. Genuine products produced by the rightful trademark owner may turn out to be “counterfeits” if the trademark falls into the hands of a competitor. Furthermore, trademark speculators (squatters) also exploit registered trademarks as a legal tool to undermine the true trademark owner. The following case serves as a typical example, highlighting the ongoing relevance and practical value, while also emphasizing the costly lesson for all business entities in Vietnam. Intellectual property theft and brand infringement are becoming increasingly sophisticated and complex. Background HWASUNG is a trade name and trademark...

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...