22 September

Sticky

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

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...

06 March

0 Comments

Sticky

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

Posted by Quyen Nguyen

in Notable Articles, Trademark, Trademark in Vietnam, Vietnam

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....

04 March

0 Comments

Sticky

At a glance: Trademark Opposition in Vietnam

Posted by Quyen Nguyen

in Notable Articles, Trademark, Trademark in Vietnam, 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....

14 October

0 Comments

Sticky

Pharmaceutical Trademark Opposed in Vietnam: What Strategies for Successful Defense?

Posted by Vu Thu Uyen

in Notable Articles, Trademark in Vietnam

In a recent trademark opposition case, our firm, KENFOX ip & Law Offfice, successfully defended AJANTA PHARMA LIMITED's pharmaceutical trademark "VILDAREL" against opposition from BIOFARMA, owner of the prior mark "VASTAREL" (IR No. 221430). The opposition, based on Article 74.2(e) of Vietnam's IP Law, alleged that "VILDAREL" was confusingly similar to "VASTAREL" and could potentially harm BIOFARMA's brand reputation....

12 May

0 Comments

Sticky

How is Goods/Service Relatedness Significant for Trademark Registration in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark in Vietnam

Download The nature of goods/services is one of two prerequisite factors (together with trademark itself) in determinging the registrability of an applied-for mark. Before applying for a trademark registration, it is important to consider the goods or services that the trademark will be used for. Through a practical trademark case that KENFOX IP & Law Office has successfully overcome the provisional refusal issued by the Intellectual Property Office of Vietnam (IP VIETNAM), this article will explore the concept of goods/services relatedness and its importance in the trademark registration process in Vietnam. The factors that determine whether two goods or services are...

26 April

0 Comments

Sticky

Trademark Registration in Vietnam: What You Need to Know

Posted by Vu Thu Uyen

in IP Practice, Notable Articles, Trademark in Vietnam

Download Registering a trademark in Vietnam is a crucial step for any business or individual seeking to protect their brand and prevent unauthorized use by others. However, the process of registering a trademark can be complex and involves various steps that must be carefully followed. In order to successfully register a trademark in Vietnam, it is important to understand the availability searches, required documents for filing, the trademark examiner's steps and practices, how to respond to an office action, and the current protection of unconventional trademarks such as sound and smell marks. Additionally, understanding the implications of disclaimers in the trademark...

17 March

0 Comments

Sticky

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

Posted by Quyen Nguyen

in IP Practice, Trademark 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

0 Comments

Sticky

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...

27 February

0 Comments

Sticky

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

Posted by Quyen Nguyen

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...

31 January

0 Comments

Sticky

Use your registered trademark in Vietnam or you will lose it

Posted by Quyen Nguyen

in Trademark in Vietnam

Obtaining a trademark registration does not mean a guarantee for the maintenance of the trademark validity, because the trademark holders are obliged to use their registered trademarks in commerce and renew the validity before it expires. The purpose of this regulation is to allow the removal of marks that exist on the trademark register but are not in genuine use and/or to block the phenomenon of trademark squatting which unreasonably prevent similar marks from entering the market. This mechanism helps to reduce the number of trademark disputes and reduce registrations acquired only for the purpose of unfair competition and trademark...