Fighting Trademark Squatters in Vietnam: How Copyright Can Be a Powerful Weapon for Foreign Brand Owners

[vc_row triangle_shape="no"][vc_column][vc_column_text] For many foreign businesses entering the Vietnamese market, one of the most frustrating discoveries is that their trademark has already been registered or applied for by a third party with no legitimate connection to the brand. Professional trademark squatters frequently exploit Vietnam's first-to-file system by seeking protection for well-known foreign marks before the genuine brand owner enters the market. While trademark-based arguments remain important, recent cases demonstrate that copyright can be an equally powerful tool for defeating bad-faith trademark applications in Vietnam. [/vc_column_text][vc_empty_space height="13px"][vc_column_text] A Practical Solution Beyond Traditional Trademark Rights Trademark squatters often target foreign brands that have not yet secured trademark...

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Can a Copyrighted Logo Defeat a Trademark Application in Vietnam?

[vc_row triangle_shape="no"][vc_column][vc_column_text] No trademark registration in Vietnam? You may still be able to stop a trademark squatter. For foreign brand owners, having your logo stolen in a new market is a nightmare. But a recent case involving Maurten, a Swedish sports nutrition brand, shows how copyright can become a powerful legal weapon. In 2023, a Vietnamese individual filed a trademark application for a logo identical to Maurten’s original logo. But Maurten had a serious problem: At that time, it had no earlier trademark registration, no pending trademark application, and no meaningful commercial presence in Vietnam. Therefore, traditional trademark arguments alone might not have been enough. So,...

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Bad-Faith Trademark Filings in Vietnam: What Evidence Really Matters?

[vc_row triangle_shape="no"][vc_column][vc_column_text] When a brand owner discovers that its trademark has already been applied for or registered in Vietnam by a third party, the immediate assumption is often that the case is open-and-shut: “The marks are identical. The goods are identical. This is blatant bad faith”. Not necessarily. In practice, demonstrating similarity between two marks is usually the simplest part of an opposition or invalidation. The real challenge - and where most foreign brand owners stumble - lies in evidence. Proving bad faith requires proving state of mind, commercial motive, and intent under a strict first-to-file regime. Decisive direct evidence rarely exists. Instead of...

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Trademark Enforcement in Cambodia: Café Logo Dispute Resolved via Economic Police Action

[vc_row triangle_shape="no"][vc_column][vc_column_text] A café logo dispute in Cambodia demonstrates that trademark infringement does not necessarily require an exact copy of a registered mark. Where the logo presentation, storefront signage, and overall commercial impression create a likelihood of confusion in the same service sector, the trademark owner may have grounds to act. In this case, MGC Global Co., Ltd., owner of the MEGA COFFEE / MGC logo trademark in Cambodia, adopted a staged enforcement strategy: evidence collection, issuance of a warning letter, escalation to the Economic Police, and ultimately securing a written undertaking to cease use and remove the infringing sign. Background MGC Global...

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Overcoming the Territoriality Trap: How FUMARI Blocked a Bad-Faith Trademark Filing in Laos Without Local Registration

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download The Department of Intellectual Property of Laos (“Laos DIP”) recently issued a Notice sustaining an opposition against Trademark Application No. 50354 for “FUMARI” in Class 34, filed by Xuanfeng Biotechnology Sole Co., Ltd. In this matter, KENFOX IP & Law Office represented Fumari Inc. to challenge the adverse party's mark, steering the case to a successful outcome. In its Notice, the Laos DIP confirmed that, following consideration of the opposition based on the relevant reasons and evidence submitted, the opposition was sustained. As a result, the opposed application will not proceed to the substantive examination stage. This is a significant outcome...

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Trademarks or Disguised Advertising Messages: CNIPA’s Proactive Invalidation of Granted Trademarks – Could Vietnam Adopt a Similar Approach?

Download The Situation in China: A Drastic Purge of "Pseudo-Concepts" In recent times, the China National Intellectual Property Administration (CNIPA) has sent shockwaves through the legal and business communities by consistently implementing measures to refuse and proactively invalidate a series of trademarks that are ambiguous, deceptive,, or likely to mislead consumer perception. The review process reveals that numerous applications were summarily rejected during the substantive examination stage, most notably: 18 "Zero Sucrose" trademarks, 22 "0 Sucrose" trademarks, and others such as "Earth from the Mountains" and "0 Added West." Notably, since 2025, CNIPA has expanded its oversight beyond the examination stage to proactively...

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China: CNIPA Proactively Refused and Invalidated Ambiguous-Concept Trademarks Such as “Zero Sucrose” and “Farm-Raised”

Download Many enterprises do not design trademarks to distinguish their goods from those of others - the core function of a trademark. Instead, they exploit the system to "privatize" common industry terminology. They treat the trademark registration certificate as a "legal free pass" to monopolize advertising messages (such as "Zero Sugar" or "Farm-Raised"). Armed with these registered marks, they can then turn around and restrict competitors from using descriptive terms that everyone should inherently have the right to use. Cloaking vague and exaggerated descriptive terms under the guise of an "exclusively registered trademark" creates a false veneer of credibility. Consumers are easily...

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Opposition Against the Trademark “7 DAYZ” / “7 DAYS PREMIUM MENWEAR & Device”: 5 Lessons in Trademark Protection in Vietnam

Download In intellectual property portfolio management, challenging a subsequent trademark application that "borrows" ideas while being disguised by stylized details remains a complex issue. Therefore, protecting brand identity extends beyond mere name registration; it is a strategic battle to safeguard the "zone of recognition" within the minds of consumers. In this context, the successful prevention of trademark application No. 4-2023-36026 demonstrates a crucial principle: an effective opposition dossier must be built upon a strict integration of legal analysis regarding the similarity of the signs and designated goods/services, alongside a practical assessment of how the brand is perceived, recalled, and competes in...

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Cassation Protest in the Binh Minh Plastics Case: Restoring the Value of Expert Evidence in Trademark Dispute Resolution

Download On March 9, 2026, the intellectual property (IP) dispute between Binh Minh Plastics Joint Stock Company and Binh Minh Viet Plastics Joint Stock Company marked a significant procedural turning point: the Supreme People's Procuracy officially issued a Cassation Protest. This decision recommends the annulment of both the first-instance judgment of the People's Court of Ho Chi Minh City and the appellate judgment of the High People's Court in Ho Chi Minh City. Over the past period, this case has been considered a typical "bottleneck," exposing the unpredictability and latent risks within Vietnam's IP litigation system. Previously, despite holding the most robust...

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Trademark Litigation And Litigation Process In Vietnam

Download Vietnam’s intellectual property (IP) framework has evolved rapidly during the past two decades. Vietnam is a member of major multilateral agreements such as the Paris Convention, TRIPS Agreement, the Madrid Agreement/Protocol, the EU-Vietnam Free‑Trade Agreement and other bilateral agreements. These treaties and Vietnam’s Law on Intellectual Property (IP Law) (amended in 2022), Civil Code (2015), Civil Procedure Code (CPC) (2015), Penal Code, Criminal Procedure Code and implementing decrees (Decree 65/2023/ND‑CP, Decree 99/2013/ND‑CP etc.) form the core of the country’s trademark system Vietnam offers several avenues for trademark owners to enforce their rights, including administrative actions, civil litigation, criminal prosecution, and border control measures....

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