
Areas of Practice: Trademarks and Copyrights
Ms. Pham Thi Thu Ha is a Senior IP Consultant at KENFOX IP & Law Office. A law graduate with over 15 years of experience, she specializes in handling complex matters involving trademarks, copyrights, and intellectual property (IP) enforcement. Her robust legal foundation, combined with extensive cross-industry practical experience, enables her to provide solutions that are not only legally compliant but also strategically tailored to market realities, business models, and the latent risks inherent to each enterprise. Ms. Ha is widely recognized as a “strategic problem-solver” in disputes and enforcement actions, particularly in cases involving the nuanced intersection of copyright and trademark law.
Ms. Ha’s core practice encompasses trademark disputes (oppositions, invalidations, appeals, and cancellations); conflicts between trademarks and copyrights involving packaging, logos, imagery, website layouts, characters, and advertising concepts; and digital IP infringement across e-commerce platforms, social media, websites, and applications. She further specializes in unfair competition matters regarding packaging, slogans, trade names, and brand identity structures. Her primary strength lies in her ability to perform granular case analysis, swiftly identifying the strengths and weaknesses in the arguments of both opposing parties and state authorities. This allows her to design multi-tiered litigation strategies (integrating administrative, civil, competition, and contractual remedies) rather than following a singular path. This comprehensive approach ensures clients maintain proactive control and significant negotiation leverage.
Ms. Ha’s role as a “strategic problem-solver” is demonstrated by her measurable track record in practice. She is frequently sought out to lead the “strategic chessboard” for corporations undergoing portfolio restructuring or facing the high-stakes risk of losing core trademarks in Vietnam and the ASEAN region. To date, she has directly managed and successfully resolved over 300 trademark oppositions, invalidations, and cancellations, alongside more than 200 enforcement actions against trademark and copyright infringements across both online and offline channels. In the area of appeals against refusals of protection, she maintains an approximately 75% success rate, enabling numerous brands to secure or reclaim their protection in key markets. In anti-copycat campaigns, her approach extends beyond merely securing a “cease and desist”; she focuses on mitigating commercial damages and dismantling parasitic “look-alike” campaigns that threaten to erode the client’s brand equity.
Prior to joining KENFOX, Ms. Ha spent nearly 15 years as a Trademark Consultant at two of Vietnam’s top-tier IP law firms, where her practice focused on disputes, oppositions, invalidations, appeals, and unfair competition. In those roles, she was responsible for both direct case management and the development of standardized internal protocols for application management, substantive examination, and docketing. She has personally handled over 1,000 trademark and copyright disputes for both domestic and international clients, including complex matters integrated into multi-jurisdictional protection strategies. This extensive background provides her with a profound understanding of the theoretical frameworks and examination criteria for IP rights, as well as a mastery of the practical “bottlenecks” often encountered when navigating IP authorities and implementing enforcement strategies across diverse markets.
In practice, Ms. Ha frequently engages with the Intellectual Property Office of Vietnam (IPVN), the Inspectorate, Market Management authorities, competition regulators, industry associations, and e-commerce platforms. Her deep understanding of how each authority approaches and processes cases allows her to determine the optimal “procedural timing” for every strategy. For multinational clients, she serves as a “risk translator,” bridging the gap between statutory law and practical application in Vietnam. She designs solutions tailored to each corporation’s risk appetite and internal decision-making processes, avoiding the extremes of being either overly aggressive or overly defensive.
Clients regard Ms. Ha as a meticulous and pragmatic advisor who addresses risks directly and avoids purely academic or ambiguous arguments. Rather than providing broad, generalized analyses, she delivers clear options accompanied by cost-benefit-risk assessments and probability of success, enabling clients to make swift decisions without becoming bogged down in a “legal information maze.” As one client noted: “Ms. Ha always ensures we see the big picture before entering any dispute.”
Case 1: Handling of Conflicting Trademark Opposition – TIGER vs. “TWO RED TIGERS” in Laos
In a matter involving HEINEKEN’s discovery of an international trademark application for “TWO RED TIGERS” (filed via the Madrid System) designating Laos for beer products in Class 32, there were clear indications of imitation and parasitic exploitation of the reputation of the well-known mark “TIGER.”
Ms. Pham Thi Thu Ha played a pivotal role in the strategic opposition team. Leveraging the Lao IP Law, the Paris Convention, and the Well-Known Trademark Doctrine, Ms. Ha developed a bilingual evidentiary package and legal framework. This strategy not only established the well-known status of the TIGER brand in Laos but also demonstrated the elements of imitation and the risk of trademark dilution. As a result, the Department of Intellectual Property (DIP) of Laos issued a total refusal for the “TWO RED TIGERS” application, successfully preserving the scope of exclusivity and the brand’s market-leading position in this strategic jurisdiction.
In the matter of RULE ONE (USA) against Muscle Up (Vietnam), the infringer engaged in the unauthorized use and advertising of the marks “RULE 1 PROTEINS,” “RULE 1 R1 PROTEIN,” and “RULE ONE” across websites and social media platforms without any distribution agreement or authorization. When the initial Expert Opinion issued by VIPRI/NIIP contained “conditional” findings that threatened to weaken the enforcement potential, Ms. Pham Thi Thu Ha played a central role in constructing a robust legal argument. By invoking Articles 123.1, 124.5, and 125.2(b) of the Intellectual Property Law, she successfully compelled VIPRI to revise its conclusion to explicitly affirm the infringement. Consequently, the Cease and Desist (C&D) letter achieved maximum efficacy, forcing Muscle Up to remove all infringing signs and terminate its unauthorized online sales. This decisive action fully protected RULE ONE’s brand strategy and its authorized distribution network in Vietnam.
In the multi-year “Foellie” dispute between Laorganic (South Korea) and Luu Ngoc Anh (Vietnam), Ms. Pham Thi Thu Ha served as a principal architect of the multi-tiered legal strategy designed to invalidate the “FOELLIE” trademark registered in bad faith. Identifying the complexities between trademark and copyright intersections, Ms. Ha advised the client to secure copyright registration for the Foellie logo and obtain an expert opinion on copyright infringement to substantiate the act of unauthorized copying. Simultaneously, she compiled a comprehensive evidentiary dossier to prove that the trademark registration was dishonest and constituted an abuse of administrative procedures. Utilizing this dual-track foundation, she coordinated a strategic strike against the validity of the trademark certificate while simultaneously addressing the abuse of rights directed at distributors and e-commerce platforms. Her efforts were instrumental in the decision to invalidate the infringing “FOELLIE” registration and restore Laorganic’s legitimate commercial channels in Vietnam.
“Ms. Ha does not merely resolve legal issues; she helps us clearly visualize our long-term IP risk profile. Her recommendations are consistently pragmatic, actionable, and strictly aligned with our broader business strategy.”
“In complex trademark disputes—particularly those involving trademark squatting and online infringement—the way Ms. Ha constructs legal arguments and evidentiary dossiers consistently ensures we maintain a proactive position.”
“What we value most is her ability to bridge the gap between statutory regulations and the practical realities of IP authorities in Vietnam and the region. Matters handled by Ms. Ha proceed seamlessly, with both timelines and costs remaining well-controlled.”
“For our internal teams, Ms. Ha is an exceptional ‘translator’ of legal jargon into business insights. Following our sessions, our Legal and Marketing departments have a much clearer understanding of the ‘dos and don’ts’ required to protect our brand equity.”
“During our expansion projects across Southeast Asia, Ms. Ha’s meticulous preparation regarding trademark and copyright strategies provided us with the necessary confidence to negotiate effectively with local partners and distributors.”