27 March

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

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

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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

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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

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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

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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

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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

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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

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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...

30 January

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Copyright defeats trademark rights – Two typical cases to better understand the benefits of copyright registration in Vietnam

Posted by Quyen Nguyen

in Trademark

Download First-to-file is not an absolute and immutable principle in establishing trademark rights. In a broader sense, it is not at default that when you are the first filer of the trademark, you will automatically be the trademark owner in perpetuity in Vietnam. A trademark registration certificate issued by the IP Office of Vietnam (IP VIETNAM) is not automatically a legal tool to protect you from allegations of intellectual property infringement. We provide two typical copyright-trademark conflict cases, one in China and one in Vietnam to demonstrate significance of copyright in winning trademark disputes. If not for earlier copyright, the legitimate...

25 November

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Pre-filing trademark search in Vietnam – A small but significant step!

Posted by Quyen Nguyen

in News, Notable Articles, Trademark

Download Numerous business owners believe that the brand or logo they created is original and unique, hence it is unquestionably possible to register/protect. Applying to register a trademark application in a hurry is a common mistake made by many Vietnamese businesses. Occasionally, the price they pay for their hurry is not inexpensive. If you risk using your trademark without determining if it is comparable to or in conflict with the marks of other companies or individuals, you run the danger of becoming embroiled in a dispute or being forced to become engaged in one. 1. Why is it important to conduct an...