07 March

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Key takeaways from the recent trademark assessment conclusion issued by the Vietnam Intellectual Property Research Institute

Download Background: HOA SEN Vietnam Co., Ltd is a company engaged in design, art design, advertising, and communication. In 2013, HOA SEN Company registered a mark including the verbal element "HOA SEN" in combination with a number of other elements (HOA SEN, device) at the Intellectual Property Office of Vietnam (“IP Vietnam”) for 04 classes of services including: Trademark: HOA SEN, device Class 35: Advertising services, presentation/display of goods on communication media for sales. Class 40: Printing services. Class 41: Television program production activities; photography; organizing cultural, artistic and sports events Class 42: Print product design service In 2017, the distributor and sales agent...

06 March

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Amending Patent Specifications In Vietnam – Best Practices for Applicants

Posted by Ly Dinh

in IP Practice, Patent

Download Even after a patent specification has been filed to the Intellectual Property Office of Vietnam (IP VIETNAM), it may be amended at the applicant's initiative (also known as voluntary amendment) or at IP VIETNAM's request. If an amendment or supplement to a patent application expands the scope of the subject matter disclosed or stated in the application or alters the nature of the claimed subject matter stated in the application, there is a risk that the patented product or process could be invalidated at the request of a third party. To mitigate such legal risks associated with patents, it is...

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...

21 February

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What are required documents for GI registration in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

The registration of a geographical indication (GI) in Vietnam requires the submission of a set of documents to the Intellectual Property Office of Vietnam (IP VIETNAM), which is the agency responsible for administering GI protection in Vietnam. The required documents for GI registration in Vietnam include (i) The name or the sign that is the geographical indication (GI) (soft file); (ii) List of goods bearing the geographical indication; (iii) Description of peculiar characteristics or quality or reputation of the product bearing the geographical indication and characteristics of natural conditions attributing to the peculiar characteristics or quality, or reputation of the product (hereinafter referred...

21 February

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What are the differences between GI, Collective and Certification marks?

Posted by Ly Dinh

in Geographical Indication, Vietnam

Geographical Indication: A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In other words, a GI is used to indicate that a product is from a specific region and has certain qualities or characteristics that are unique to that region. Examples of GI products include Champagne, Scotch Whisky, and Darjeeling tea. Collective marks: A Collective mark is a sign used by members of a particular association, cooperative, or organization to indicate that their products or services come from a particular source. In this case,...

21 February

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How does EVFTA affect GI registration and protection in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Uncategorized, Vietnam

The EVFTA has a significant impact on GI registration and protection in Vietnam in the following ways: Increased protection for European GIs in Vietnam: Under the EVFTA, Vietnam has agreed to protect 169 European GIs, including famous products such as Champagne, Parmigiano Reggiano, and Roquefort cheese. These GIs will receive the same level of protection as Vietnamese GIs, which will provide increased legal protection for European producers. Streamlined GI registration process: The EVFTA provides for a streamlined process for GI registration in Vietnam, which should make it easier and faster for European producers to register their GIs in Vietnam. The...

21 February

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Whether a GI can be protected under an International IP Agreement?

Posted by Ly Dinh

in Geographical Indication, Vietnam

Vietnam entered two significant international trade deals in 2018-2019 that require, among other things, a higher standard of intellectual property protection in Vietnam. The first is the Comprehensive and Progressive Trans-Pacific Partnership Agreement ("CPTPP"), which was signed in March 2018 and took effect on 14 January 2019. The second is the EU-Vietnam Free Trade Agreement ("EVFTA"), which was signed in June 2019 and entered into force on 1 August 2020. EVFTA is a free trade agreement between the EU and Vietnam. The EVFTA is one of the most comprehensive and ambitious free trade agreements that the EU has ever signed with...

21 February

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What are the main reasons for refusal of registration of a GI in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

There are several reasons why a geographical indication (GI) application may be refused registration in Vietnam. Here are some of the main reasons: (i) Conflict with prior rights: The product may conflict with prior rights, such as trademarks or other GIs, that are already registered or pending registration in Vietnam. (ii) Lack of distinctiveness: The product does not have distinctive qualities or characteristics that can be attributed to its geographical origin. (iii) Lack of evidence: The application does not provide sufficient evidence of the link between the product and the geographical area, or of the product's reputation and recognition in the marketplace. (iv) Generic...

21 February

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How is a GI application examined in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

The examination of a GI application in Vietnam is carried out by IP VIETNAM, which is responsible for administering GI protection in Vietnam. Here is an overview of the GI examination process in Vietnam: A GI application will be firstly examined as to formality, then, published on the Industrial Property Gazette of Vietnam, and substantively examined therafter and grant of protection if meeting requirements of protection under the laws of Vietnam. Formality examination: Timeline: 01 months from the filing date. It takes 01 month for IP VIETNAM to complete a formality examination of a GI application in Vietnam. In the course of formality examination,...

21 February

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What are the most important notes about GI registration in Vietnam?

Posted by Ly Dinh

in Geographical Indication, Vietnam

1. Each GI application may register only one GI used for one product [1]; 2. Requirements for “description of peculiar characteristics” [2] A description of peculiar characteristics of the product must contain the following principal information: (i) Enumeration of the given nature/quality of the product bearing the GI dictated by geographical conditions - by means of sense, qualitative and quantitative indicators to physical, chemical and biological properties, which can be tested by technical devices or experts using a specified testing method; and/or (ii) Reputation of the product bearing the GI dictated by geographical conditions - determined through the widespread knowledge of interested consumers about...