Trademarks and trade names: What lessons can be learned from the recent pharmaceutical trademark lawsuit in Vietnam?

Download The nearly 4-year-long lawsuit between LC Pharmaceutical Company, a client of KENFOX, and Ms. LKL, the owner of the "LC" brand, reached its conclusion on December 20, 2023. The People's Court of Ho Chi Minh City delivered its verdict, dismissing all of Ms. LKL's claims. This decision marks not only a triumph for LC Pharmaceutical Company but also signifies a turning point in the fight against trademark squatting in Vietnam, shedding light on the complicated aspects of both intellectual property and pharmaceutical laws. The path to seek justice and fight against trademark squatting in Vietnam has never been simple. In...

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How Did Philipp Plein Appeal a Decision on Trademark Refusal in Vietnam?

Download Article 74.2 (e) of Law on IP stipulates that: “2. A mark shall be deemed to be indistinctive if it is a sign falling into one of the following categories: (e) Signs other than integrated marks which are identical with or confusingly similar to registered marks of identical or similar goods or services on the basis of applications for registration with earlier filing dates or priority dates, as applicable, including applications for registration of marks filed pursuant to a treaty of which the Socialist Republic of Vietnam is a member“. In order to assess the similarity of marks at issue, it is...

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What Are Key Considerations For International Trademark Registrations Designating Vietnam?

Download Over 9,000 international trademark applications designating Vietnam were filed annually from 2020-2022 has partly reflected the convenience and efficiency of the Madrid system in assisting IPR holders to secure protection for their brands in Vietnam. The Madrid System offers efficiency, cost savings, and a simplified approach to international trademark registration. These advantages make it an increasingly preferred option for businesses seeking to protect their brands in multiple countries, including Vietnam, as it streamlines the process and provides a cost-effective means of securing global trademark rights. Detailed regulations governing the processes and requirements for international trademark applications designated to Vietnam are meticulously...

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Black-and-White or Color Marks in Vietnam – Picking the Right Path

Download In the fast-paced world of commerce, trademarks serve as powerful assets that distinguish one business from another. They are the face of a brand, carrying with them the goodwill and reputation built over time. Registering a trademark is a strategic move that bestows exclusive rights to its owner, providing a shield against the use of confusingly similar marks. However, the decision of whether to register a mark in black and white or its specific colors can be a complex and crucial one. To shed light on this matter, we delve into the reasons why applying for both versions may prove...

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Understanding Trademark Infringement Laws in Vietnam: Roadblocks & Solutions

Download Despite selling their branded goods and services for decades in Vietnam, many businesses are at risk of losing their trademarks due to a lack of awareness and disregard for trademark registration. In most cases, trademarks are lost either because business owners are unaware of the need for registration, or because they prioritize market development over legal protection. Even those who do register their trademarks may face difficulties in enforcing them against infringing competitors. As a result, not a few businesses had to pay a high price for their negligence and lack of knowledge in the field of intellectual property. This...

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How to overcome Vietnam’s refusal of allegedly descriptive trademarks?

Download Numerous trademark applications in Vietnam are denied for the following reasons: The trademarks do not meet the protection requirement since they are regarded as descriptive of the goods/services in question. Trademarks that include only signs used in commerce to indicate the type, quality, quantity, intended use, value, place of origin, of the goods, or the time of manufacture, or signs that have become customary in Vietnam, are considered descriptive of certain properties or characteristics of the intended goods/services, and thus cannot perform the function of trademarks and are not protected. There are numerous trademarks that, at first look, appear to...

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Vietnam’s 2022 amended IP Law: What do new trademark provisions mean for your brand protection strategy?

Intellectual property is regarded as a company's most important and valuable asset. In particular, it cannot be denied that a trademark is the industrial property object with the highest commercial exploitation value. Numerous amendments and additions have been made to Vietnam's 2022 Intellectual Property Law in order to improve the effectiveness of the intellectual property protection mechanism and fulfill Vietnam's legal obligations under International intellectual property agreements to which Vietnam is a signatory, including CPTPP, EVFTA, and RCEP...

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