25 March

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Trademark Examination Process and Common Grounds for Trademark Refusal in Vietnam

Applicants who are aware of the trademark examination process in Vietnam will be more likely to submit complete and accurate applications from the outset, minimizing the risk of receiving official notifications of deficiencies and the associated delays. This knowledge also enables effective responses to challenges and ultimately increases the chances of successful and cost-efficient trademark registration in Vietnam....

12 March

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Intellectual Property Collateral – Trademarks in Vietnam: Legal Analysis and Market Outlook

Posted by Quyen Nguyen

in Notable Articles, Trademark, Vietnam

Vietnam is rapidly developing as a globally integrated and dynamic economy, making intellectual property (IP) increasingly vital, particularly in technology, e-commerce, and pharmaceuticals. With rising foreign investment, a critical legal question emerges: Can Vietnam's current laws effectively protect IP as collateral, allowing businesses and investors to utilize it as a financial instrument?...

12 March

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Copyright in Vietnam: Enforcement Mechanisms & Practical Tips

Posted by Quyen Nguyen

in Copyright, Notable Articles, Vietnam

Vietnam's intellectual property (IP) enforcement landscape has undergone significant reforms over the past decades, aligning with international treaties like the WTO's TRIPS Agreement and recent trade agreements such as the EVFTA and CPTPP. Notwithstanding these progressive reforms, challenges persist in the effective enforcement of copyright protections in Vietnam....

06 March

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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....

05 March

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Genuine Goods, Trademark Infringement: The Rule One Proteins Victory in Vietnam

Posted by Vu Thu Uyen

in IPR enforecement, Trademark, Vietnam

[vc_row triangle_shape="no"][vc_column][vc_column_text]Download Selling real products doesn't automatically give you the right to advertise using someone else's trademark. The Rule One Proteins case in Vietnam clearly demonstrates this important principle of intellectual property law. This case, in which KENFOX IP & Law Office successfully represented the trademark holder, shows that even when the goods are genuine, unauthorized use of the trademark for advertising and sales is infringement. Background: Rule One Proteins and the Vietnamese Market Rule One Proteins, LLC (RULE ONE), a US-based company with roots tracing back to the founders of the renowned Optimum Nutrition (ON) brand, has established itself as a leader...

04 March

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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....

03 March

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Why Trademark Opposition is a Must in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

Many trademark owners might think that examiners at the Vietnam Intellectual Property Office (“VNIPO”) will automatically reject trademark applications that are strikingly similar to existing marks, but reality can differ surprisingly. The assumption that very similar trademarks, especially those registered for similar or related goods and services, will certainly be rejected is a common misconception. Due to unforeseen reasons during the examination process, even marks that appear confusingly similar can sometimes be granted protection....

24 February

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Zhong Wu vs. ZHONGYU: Analyzing Trademark Differences Based on Which Principles in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

Appealing a trademark refusal decision from the Intellectual Property Office of Vietnam (VNIPO) presents significant legal challenges, even with a single ground for refusal. Facing multiple grounds compounds the difficulty. However, KENFOX IP & Law Office recently succeeded in overturning a refusal for a trademark filed through the Madrid System designating Vietnam, despite the mark being rejected on three distinct grounds....

11 February

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Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

Posted by Vu Thu Uyen

in Copyright, Notable Articles

Trademarks and copyrights – two concepts that may seem familiar, yet they harbor a wealth of legal complexities. Many mistakenly assume that obtaining a Trademark Registration Certificate grants them a “carte blanche” to use the logo without any further considerations. However, the reality is far from simple. In fact, it demonstrates that trademark registration and the issue of copyright infringement are two entirely distinct legal realms. KENFOX IP & Law Office analyzes the core differences, explores the points of intersection, and, in particular, elucidates why, even with a registered trademark, the potential for copyright infringement persists....

10 February

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Copyright Registration: Why is it a comprehensive legal tool for brand protection in Vietnam?

Posted by KENFOX IP

in Copyright, Notable Articles

A brand is a weapon for brand recognition, an invention is a key to open the door of technology. Everyone knows their importance. But copyright - a form of protection that is no less important, is often overlooked and underestimated. Many people mistakenly think that copyright is as natural as breathing, and registration is just a superfluous procedure. Although the law of many countries, including Vietnam, recognizes that copyright arises automatically from the moment a work is formed in a certain physical form, however, ignoring the legal value of the copyright registration procedure can lead to a significant decline in...