12 March

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Intellectual Property Collateral – Trademarks in Vietnam: Legal Analysis and Market Outlook

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Vietnam is rapidly developing as a globally integrated and dynamic economy, making intellectual property (IP) increasingly vital, particularly in technology, e-commerce, and pharmaceuticals. With rising foreign investment, a critical legal question emerges: Can Vietnam's current laws effectively protect IP as collateral, allowing businesses and investors to utilize it as a financial instrument? Although Vietnam's current law recognized IP as an asset that can be collateralized, there are significant legal loopholes caused by the absence of specific and comprehensive rules directly related to IP collateralization. Do these legal loopholes provide an opportunity to develop the IP collateral market, or do they,...

06 March

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Addressing IP disputes in Vietnam: Declarations of non-infringement and invalidity

Posted by Ly Dinh

in Notable Articles, Trademark, Trademark in Vietnam, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Intellectual property disputes, especially those concerning trademarks, are an inevitable part of the dynamic business environment in Vietnam. Instead of passively waiting for the threat of trademark disputes to arise, wise businesses will seek proactive solutions to protect themselves. The question then becomes: how can businesses proactively "stay one step ahead", mitigate legal risks, and confidently explore the market? Declarations of non-infringement and trademark invalidity are two excellent legal mechanisms, empowering third parties to definitively establish legal "boundaries", create a "safe harbor" for their commercial activities. KENFOX IP & Law Office would like to provide more comprehensive analysis on the...

05 March

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Genuine Goods, Trademark Infringement: The Rule One Proteins Victory in Vietnam

Posted by Vu Thu Uyen

in IPR enforecement, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Selling real products doesn't automatically give you the right to advertise using someone else's trademark. The Rule One Proteins case in Vietnam clearly demonstrates this important principle of intellectual property law. This case, in which KENFOX IP & Law Office successfully represented the trademark holder, shows that even when the goods are genuine, unauthorized use of the trademark for advertising and sales is infringement. Background: Rule One Proteins and the Vietnamese Market Rule One Proteins, LLC (RULE ONE), a US-based company with roots tracing back to the founders of the renowned Optimum Nutrition (ON) brand, has established itself as a leader...

04 March

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At a glance: Trademark Opposition in Vietnam

Posted by Ly Dinh

in Notable Articles, Trademark, Trademark in Vietnam, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download 1. What is a trademark opposition in Vietnam? In Vietnam, a trademark opposition is a legal procedure that allows a third party to formally challenge a pending trademark application before it gets officially registered by the Intellectual Property Office of Vietnam (VNIPO, formerly, NOIP). A trademark opposition aims at preventing the registration of trademarks that could potentially infringe on existing rights or create confusion in the marketplace. It's a proactive measure to avoid future legal disputes and brand damage. Under the amended IP Law of Vietnam in 2022, a Notice of Opposition should be filed within a specific deadline of 05...

03 March

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Why Trademark Opposition is a Must in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Many trademark owners might think that examiners at the Vietnam Intellectual Property Office (“VNIPO”) will automatically reject trademark applications that are strikingly similar to existing marks, but reality can differ surprisingly. The assumption that very similar trademarks, especially those registered for similar or related goods and services, will certainly be rejected is a common misconception. Due to unforeseen reasons during the examination process, even marks that appear confusingly similar can sometimes be granted protection. Therefore, if one becomes aware of a new trademark application in Vietnam that is substantially similar to their prior mark, especially for the same type of...

24 February

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Zhong Wu vs. ZHONGYU: Analyzing Trademark Differences Based on Which Principles in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Appealing a trademark refusal decision from the Intellectual Property Office of Vietnam (VNIPO) presents significant legal challenges, even with a single ground for refusal. Facing multiple grounds compounds the difficulty. However, KENFOX IP & Law Office recently succeeded in overturning a refusal for a trademark filed through the Madrid System designating Vietnam, despite the mark being rejected on three distinct grounds. What persuaded the VNIPO to reconsider its initial conclusion and ultimately recognize the distinctiveness of a trademark previously rejected for containing Chinese characters and exhibiting similarities to two cited marks? What lessons can be learned from this successful appeal? Background In...

17 December

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“The Know Before You Go”: A Crucial Guide for Chinese Trademark Owners in Vietnam/ “行前须知”：中国商标持有人在越南的必备指南

Posted by Vu Thu Uyen

in News, Trademark

It is with great honor that we announce the contribution of our senior partner, Mr. Nguyen Vu Quan, to the INTA country guide "The Know Before You Go", specifically the Vietnam Chapter for Chinese enterprises. Mr. Quan's dedication and extensive expertise have enabled him to provide in-depth and practical insights on a variety of trademark-related issues, crucial for addressing the complex IP landscape in Vietnam. 我们非常荣幸地宣布，本所高级合伙人阮武权先生（Nguyen Vu Quan）为INTA国家指南“出行须知”（The Know Before You Go）做出了贡献，特别是为中国企业撰写了越南章节。权先生凭借其奉献精神和丰富的专业知识，对各种商标相关问题提供了深刻且实用的见解，这对于应对越南复杂的知识产权格局至关重要。 Answering questions for INTA’s country guides demands not only time and effort but also profound expertise and practical experience. This is particularly true in the context of Vietnam, where IP...

27 November

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“Fabrilcar” vs. “FABRICA” and “FABRICAIR”: How to successfully appeal a trademark refusal in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Vietnam – On 16/10/2024, the IP Offfice of Vietnam (“IP VIETNAM“) issued a Decision on acceptance of IR No. 1470915 for the mark “Fabrilcar” in the name of Aspöck Systems GmbH, withdrawing its provisional refusal decision and terminating a lengthy 4-year appeal process. This is a great victory for our client, Aspöck Systems GmbH, an Austrian company that specializes in developing and manufacturing lighting systems for vehicles, founded in September 1977....

19 September

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Trademark Law in Vietnam: A Comprehensive Overview

Posted by Ly Dinh

in Notable Articles, Trademark

Unlike many jurisdictions, Vietnam doesn't have a standalone trademark law. Instead, the country's legal framework for trademarks is seamlessly integrated into its broader Intellectual Property Law (IP Law). This comprehensive law was first enacted in 2005 and has since undergone significant amendments in 2009, 2019, and 2022 to align with the evolving international IP landscape. While a distinct "Trademark Law" is absent, all aspects concerning trademarks are meticulously regulated within the overarching IP Law....

22 August

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Manufacturing for Export Only: Does it Constitute Trademark Infringement? – Rulings from China and Practices in Vietnam

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

The production of goods bearing trademarks that are identical or confusingly similar to those of others for export is a controversial issue in the field of intellectual property (IP). In both China and Vietnam, the production of goods bearing foreign trademarks for export under the OEM (Original Equipment Manufacturer) model has become prevalent in recent years. Foreign commissioning parties enter into processing contracts with domestic manufacturers to produce goods bearing their trademarks for export. However, in many cases, the trademarks affixed to the goods for export are identical or confusingly similar to a registered trademark in the domestic market. Whether...