14 October

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

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

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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

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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

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

Posted by Ly Dinh

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

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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...

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...

31 January

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Use your registered trademark in Vietnam or you will lose it

Posted by Ly Dinh

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...

02 November

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Building up your brand in 20 years in Vietnam, but losing it in a few days. WHY?

Posted by KENFOX IP

in IP Practice, News, Notable Videos, Trademark in Vietnam, Viet Nam

Download In June 2022, Hoa Sen Co., Ltd., (HOA SEN) the owner of the "ZACOPE" trademark for pure drinking water products, complained to KENFOX IP & Law Office, "I don't understand why the company's sales in the first half of the year have dropped so drastically." HOA SEN did investigation and found that rivals utilized similar labels bearing the trademark "ZACOP." A check of the protection title, however, revealed that the registration of the trademark had expired. This occurs because the previous employee resigns and transfers the trademark to the new employee, who is unaware of the requirement to renew the...

06 September

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Vì sao nhãn hiệu của tôi không còn hiệu lực tại Việt Nam? Thực trạng và khuyến nghị

Posted by KENFOX IP

in IP Practice, Trademark in Vietnam

Nhãn hiệu là một tài sản thiết yếu của doanh nghiệp vì nó mang lại giá trị và đóng vai trò là một dấu hiệu nhận biết độc đáo đối với chủ sở hữu thương hiệu. Nhãn hiệu là công cụ giao tiếp hiệu quả để truyền tải các thông điệp cũng như các thuộc tính trí tuệ và cảm xúc về bạn, công ty, và danh tiếng, sản phẩm và dịch vụ của công ty; nhãn hiệu giúp khách hàng dễ dàng tìm thấy bạn, cho phép bạn sử dụng Internet và các phương tiện truyền thông xã...