When Should a Descriptive Mark Be Allowed for Registration?

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 Ly Dinh

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

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 line...

03 March

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

Posted by Ly Dinh

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 Ly Dinh

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 Ly Dinh

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...

20 July

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What should be noted about non-traditional trademarks in Vietnam?

Posted by KENFOX IP

in Trademark

Download Trademarks based on a single color, appearance, shape, sound, smell, taste and texture are often difficult to register. 1. Three-dimensional shapes (3D marks) in Vietnam: No separate provisions are set out in the laws of Vietnam concerning registration of a 3D mark. It is possible to register the shape of a product as a three-dimensional trademark, provided the shape performs the function of a trademark in the marketplace. To qualify, the shape of the product must be inherently distinctive. The shape should also not be dictated by the function of the product. For a 3D trademark application in Vietnam, all images (from different views) of...