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

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...

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...