KENFOX IP & Law Office > Our Practice  > Vietnam  > IP Practice  > Trademark (Page 2)

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?

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....

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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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Filing an opposition or a third party observation in Vietnam: Which option is better?

If you believe that a trademark application in Vietnam is likely to conflict with or adversely affect your prior rights, or that it does not meet the criteria for protection, you may submit your opinions on the grant of an exclusive right to such a trademark application to the Intellectual Property Office of Vietnam (IP VIETNAM) after it has been published in the industrial property gazette of Vietnam. The Vietnam IP Law 2022 gives third parties two options for voicing their opinions on pending trademark applications in Vietnam: (i) third party observation and/or (ii) opposition....

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