01 July

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Chinese-character Trademarks in Vietnam: Do You Need to Register Them in Vietnamese?

In the context of deep international economic integration, foreign businesses, especially those from countries using ideographic scripts such as China, Japan, and South Korea, often face an important question when entering the Vietnamese market: “Is registering a trademark in Chinese characters (or other non-Latin scripts) sufficient for comprehensive brand protection in Vietnam, or is it necessary to additionally register a trademark in the Vietnamese language (either as a transliteration or translation)?”...

01 July

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Protection of Famous Names Under Trademark Law: Lessons from the Usain Bolt Case and Vietnamese Practice

Posted by Quyen Nguyen

in Notable Articles, Trademark

The successful opposition by Usain Saint Leo Bolt ("Usain Bolt") against the trademark application "" in China stands as a prime example of how the China National Intellectual Property Administration (“CNIPA”) recognizes and protects the rights attached to a famous personal name, even where no trademark registration exists in China. The CNIPA’s decision has set a noteworthy precedent for legitimate foreign brand owners: even without formal trademark registration, individuals with a high level of fame and a strong association between their name and identity may still be afforded legal protection. Significantly, the CNIPA did not limit its assessment to the...

01 July

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Trademark Examination Processes in Vietnam: Why You Need to Monitor Every Step to Avoid Costly Delays

Posted by Vu Thu Uyen

in Notable Articles, Trademark

The trademark examination process in Vietnam involves formality examination, publication, substantive examination, and a decision on registration or refusal. The process typically takes 12 to 18 months, but can be longer if there are objections or oppositions. With extensive practical experience, KENFOX IP & Law Office provides comprehensive representation services, assisting trademark owners in closely monitoring each step of the registration process to ensure timely, lawful execution of procedures and to avoid potential risks....

09 June

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Registering Composite Marks in Vietnam: What Legal Risks to Consider Under the 2022 IP Law?

Posted by KENFOX IP

in Notable Articles, Trademark

“One application – a “composite” trademark – cost-effective”. This is a common belief among many trademark owners when opting to file a trademark that combines both figurative elements (logo) and word elements (word mark). Instead of filing two separate applications – one for the logo and one for the word mark – they consolidate both into a single trademark specimen to reduce filing, examination, publication, and renewal costs....

09 May

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Refusal of Chinese Language Trademarks in Vietnam: Legal Loophole or Outdated Regulation?

Posted by Quyen Nguyen

in Notable Articles, Trademark

In the context of deep international economic integration and the unceasing development of cross-border trade activities, the protection of IP rights, especially trademarks, plays an indispensable legal foundational role. However, in Vietnam, regulations regarding the registration of trademarks using foreign scripts, particularly languages not belonging to the Latin alphabet such as Chinese, Korean, Japanese, etc., remain a point of contention and require reconsideration. It is time to look at this issue more openly, moving towards the acceptance and protection of Chinese language trademarks and similar languages in Vietnam....

18 April

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Sound Marks in Vietnam: Legal Advancement and Brand-Building Opportunities

Posted by Quyen Nguyen

in Notable Articles, Trademark

In an increasingly competitive branding landscape, establishing a unique impression in customers’ minds is critical for survival. Beyond traditional signs such as logos or names, sound is emerging as a “new power”—a promising brand-building tool for Vietnamese businesses. A pivotal legal development came with the amended Intellectual Property Law of 2022 (effective from January 1, 2023), enacted to fulfill Vietnam’s international commitments under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). For the first time, Vietnamese law has officially expanded the definition of a trademark to recognize and protect “sound signs that can be represented graphically.” This change not...

16 April

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Trademark Refusal on Absolute Grounds: KENFOX Successfully Helps Secure Protection for 4 International Trademarks in Vietnam

Posted by Quyen Nguyen

in Notable Articles, Trademark

Download KENFOX IP & Law Office has recently achieved a significant victory in helping clients successfully register and protect 04 International Registrations (IRs) designating Vietnam. All 04 of these trademarks were initially refused protection by the Intellectual Property Office of Vietnam (IP Vietnam) on absolute grounds, specifically for being considered descriptive. Trademark Refusal on Absolute Grounds in Vietnam During the examination process for trademark applications in Vietnam, refusals issued by IP Vietnam based on absolute grounds (stipulated in Articles 73, 74 of the Intellectual Property Law) are a quite common situation and pose significant challenges for trademark owners. The most common reason for...

15 April

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Letter of Consent for Trademarks Within Corporate Groups in Vietnam: Legal Analysis, Practice, and Recommendations

Posted by Quyen Nguyen

in Notable Articles, Trademark, Uncategorized

The fundamental principle of intellectual property (IP) law is to prevent consumer confusion regarding the commercial origin of goods and services. However, in practice, companies within the same corporate group or with close affiliations often wish to use similar trademarks. Does a "Letter of Consent" from the prior trademark owner (usually the parent company) carry enough legal weight to negate the likelihood of confusion? Despite a clear parent-subsidiary or internal affiliation, the Intellectual Property Office of Vietnam (IPVN)'s acceptance or refusal of a subsidiary company's trademark application (even with a Letter of Consent) still heavily depends on the assessing examiner's...

10 April

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Letter of Consent: The Key to Overcoming Trademark Refusal by the IP Office of Vietnam?

Posted by Quyen Nguyen

in Notable Articles, Trademark

During the trademark registration process in Vietnam, a frequent obstacle encountered by applicants is the rejection of applications based on findings that the applied-for mark is confusingly similar or identical to a previously registered trademark (the cited mark). Although the Intellectual Property Office of Vietnam (IP Viet Nam) has, in practice, reviewed and accepted Letters of Consent (LoCs) in numerous instances as grounds for withdrawing notifications of intended refusal of trademark protection, the absence of specific provisions within Vietnam's IP law addressing this mechanism creates a significant legal vacuum. Consequently, the acceptance of a Letter of Consent is largely contingent...

27 March

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Common Grounds for Trademark Refusal in Vietnam: What are they?

Posted by Quyen Nguyen

in Notable Articles, Trademark

Trademark applicants in Vietnam often face the risk of refusal, leading to wasted time and resources. However, many of these rejections are avoidable. Understanding the common grounds for trademark refusal in Vietnam – such as conflicts with existing trademarks, generic terms, or violations of public order and morality – enables applicants to proactively address potential issues. This proactive approach leads to more effective responses to challenges and, ultimately, a more efficient and successful trademark registration process....