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Continue readingFlowchart On Customs Recordal Process For Trademarks/Copyright In Vietnam ...
Continue readingEstablished in 1884, Piaggio Group is an Italian vehicle manufacturer, which produces a variety of motorized two-wheeled vehicles under various brands such as Piaggio, Vespa, Gilera, Aprilia, Moto Guzzi, Derbi, and Scarabeo. Since establishing a company (“Piaggio Vietnam”) in Vinh Phuc Province, Vietnam in 2007, Piaggio Group has developed a strong commercial presence in the country. After 2 years, Piaggio Vietnam officially put its first factory in operation, which manufactures and assembles two – wheeled motor vehicles on a scale of 50,000-100,000 motorcycles/year. Despite their high price, LX Vespa scooters have quickly adored by Vietnamese motorcycle enthusiasts, especially, the high-income...
Continue readingValidation of a European patent means the recognition, on request, of the effects of the European patent application and the European patent in Cambodia. We provide below some critical remarks on the matter for your reference....
Continue readingSubject to the nature and severity of IPR infringement, when an industrial design infringement occurs, the holder may resort to administrative, civil or border control route to fight thereagainst. If the alleged infringing products are found to be imported into Vietnam via customs, priority should be given to recordal of customs supervision for the design patent in Vietnam....
Continue readingIn 2018, PIAGGIO & C. S.p.A. (“PIAGGIO”), the holder of Design Patent No. 20652 for protection of motorbike industrial design, filed a suit against a Vietnamese company named “DETECH Technology Development Supporting Joint Stock Company” (“DETECH”). ...
Continue readingIf Vietnam IP issues a final decision to reject a trademark application, there are 02 (two) remaining options for recourse. In detail, the applicant may either file an appeal with the with the Science and Technology Minister (“MOST”), the supervising body of the IP Vietnam or initiate lawsuits at court. If an applied-for mark is finally rejected to register by the MOST or a competent court in Vietnam, assuming that such refusal is based on absolute ground (e.g. a merely distinctive mark or weakly distinctive mark), ...
Continue reading1. Differences between a multiple-class trademark application and a single-class trademark application Each trademark application filed with the IP Office of Vietnam may request registration of a mark used for one or more than one goods or services (See Point 37.2, Circular No. 01/2007/TT-BKHCN, as revised). That being said, a trademark application can cover either 01 class or multiple classes of goods/services. Hereunder are main differences between a multiple-class trademark application and a single-class trademark application in Vietnam. Criteria of comparison A multi-class Trademark Application A single-class Trademark Application Fees Filing fee is slightly reduced as compared to a single-class Trademark Application in terms of both official...
Continue readingHow the goods and/or services bearing this trademark are deemed related/relevant to those under an earlier mark is very important to determine registrability of similar trademarks in Vietnam. Whether Nice Classification is the only basis for making an assessment on relatedness/relevance of the goods/services bearing trademarks? Of course, it is not....
Continue readingRegistering a trademark in Vietnam is a legal administrative proceeding in which a trademark applicant (either a natural person or a legal entity) file an application to register a trademark with the Intellectual Property Office of Vietnam (“IP Vietnam”). Of note, co-ownership of a trademark is possible in Vietnam. Trademarks to be protected under the IP Law of Vietnam include: (i) Trade/service Mark; (ii) Collective Mark; (iii) Certification Mark; (iv) Associated Mark and (v) Well-known Mark...
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