07 April

Sticky

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

in Notable Articles, Trademark, Trademark

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...

28 August

0 Comments

Sticky

Punitive Damages in Trademark Infringement: From a Chinese Precedent to a Legal Void in Vietnam

Posted by Dương Thúy

in Notable Articles, Trademark, Vietnam

The act of “repeat infringement” has long been considered a basis for imposing harsher sanctions, including punitive damages. China’s legal system expressly allows this approach, but proving repeat infringement in practice requires a clear and convincing chain of evidence. A recent ruling by the People’s Court of Yuexiu District, Guangzhou, in a dispute involving Cartier, illustrates how Chinese courts evaluate evidence to establish repeat infringement and justify punitive damages. The case highlights the practical methods right holders can employ to strengthen their claims, while also exposing the current legal gap in Vietnam, where punitive damages remain unavailable. Background Cartier, a globally recognized...

27 March

0 Comments

Sticky

Chinese-character trademarks in Vietnam: Does similarity/identicalness in meaning with another trademark constitute infringement?

Posted by Quyen Nguyen

in Notable Articles, Trademark

Whether use of a Chinese trademark having similar/identical meaning with a prior English mark constitutes a trademark infringement in Vietnam. Imagine you choose a Chinese character trademark for a new product line in Vietnam to avoid conflicts with existing marks. However, this Chinese mark has the exact same meaning as an English language trademark already protected in Vietnam. This increasingly common scenario poses a key question: Does this semantic similarity alone trigger trademark infringement in Vietnam?...

25 March

0 Comments

Sticky

Trademark Examination Process and Common Grounds for Trademark Refusal in Vietnam

Posted by Quyen Nguyen

in Notable Articles, Trademark, 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....

10 July

0 Comments

Sticky

Protecting Unconventional Trademarks: Strategies for Businesses in Vietnam

Posted by Quyen Nguyen

in Notable Articles, Trademark

Color is not just about external beauty, but also the soul of a brand. Many businesses have researched, selected, and used colors for product packaging and brand identity to convey messages, core values, evoke emotions, and connect with customers in a subtle and effective way. Businesses around the world, including Vietnam, are increasingly paying attention to the use of color as a strategic element in brand building....

21 May

0 Comments

Sticky

What To Do if Your Trademark has been Stolen in Vietnam?

Posted by Vu Thu Uyen

in Notable Articles, Trademark, Vietnam

The “first to file” principle has been abused by bad faith trademark applicants as a sophisticated tool for “trademark squatting” and “misappropriation of trademark rights” from legitimate owners in Vietnam. Trademark squatting or intellectual property (IP) theft from foreign businesses has become a troubling and dangerous trend in Vietnam. Increasingly, trademark owners are expressing frustration upon discovering that their trademark has been filed or even successfully registered by others in Vietnam. In many cases, after successfully registering a competitor’s trademark, the trademark speculator has used that same trademark as a “weapon” to initiate legal actions and request Vietnamese enforcement authorities...

13 July

0 Comments

Sticky

When Should a Descriptive Mark Be Allowed for Registration?

Posted by Vu Thu Uyen

in Notable Articles, Trademark

Download For trademark applicants venturing into the vibrant and ever-evolving markets of Vietnam and China, the acquisition of a profound understanding of the prevailing practices in examining trademarks classified as descriptive takes on a paramount significance. In these dynamic landscapes, where competition thrives and consumer demands constantly evolve, the fate of a trademark hinges on its ability to stand out amidst a sea of descriptive terms. A nuanced comprehension of the examination process becomes instrumental in charting a successful course, enabling applicants to navigate the intricacies of registrability and maximize the potential of their trademarks. Failure to grasp the intricacies of...

29 March

0 Comments

Sticky

Bad faith (Malicious) – a legal basis for trademark opposition or invalidation in Vietnam

Posted by Quyen Nguyen

in IP Practice, Trademark

"Bad faith" is a legal term that was added to Articles 96 and 117 of Vietnam's amended IP Law in 2022 in order to address the following issues: (i) to close legal loopholes that had been identified from the "first-to-file" principle – a mechanism that grants protection titles to the those earliest filed trademark applications, including those made in bad faith and (ii) effectively curbing trademark squatting – a growing trend in emerging economies like Vietnam. With the provision of "bad faith," a legitimate trademark owner has an additional important legal basis to challenge the validity of a trademark filed or registered by a third party...

20 March

0 Comments

Sticky

Trademark Refusal in Vietnam, Laos and Cambodia: The Fine Line Between Descriptive and Suggestive

Posted by Vu Thu Uyen

in Trademark

[vc_row triangle_shape="no"][vc_column][vc_column_text] Download Trademark registration is an essential step for any business seeking to protect its brand identity and intellectual property. However, the process of trademark registration can be challenging, particularly when a mark falls into the gray area between being descriptive or suggestive. In Vietnam, Laos, and Cambodia, as in many other countries, trademarks that are deemed purely descriptive are not eligible for protection under trademark law but a suggestive mark may be eligible for registration and protection. However, determining whether a mark is descriptive or suggestive can be a challenging and subjective task, and there is often a thin...

03 March

0 Comments

Sticky

Why Can’t A Trademark Owner in Vietnam Address Infringement Issues?

Posted by Quyen Nguyen

in Trademark

Vietnam Intellectual Property Research Institute

There are a number of reasons why Vietnamese businesses may lose their trademarks, despite the fact that they have been selling their branded goods and services for decades. Mostly, trademarks are lost for two reasons: (i) ignorance on the part of trademark owners and (ii) disregard of trademark registration for the goods/services they trade. Many firms are ignorant that they should and must register a trademark, while others prioritize business and market development over trademark registration. Even businesses that have registered their trademarks may be unable to take action against competitors who infringe their trademarks. This situation results in Vietnamese businesses paying...