At a glance: Trademark Opposition in Vietnam

 At a glance: Trademark Opposition in Vietnam

At a glance: Trademark Opposition in Vietnam

In Vietnam, a trademark opposition is a legal procedure that allows a third party to formally challenge a pending trademark application before it gets officially registered by the Intellectual Property Office of Vietnam (VNIPO, formerly, NOIP). A trademark opposition aims at preventing the registration of trademarks that could potentially infringe on existing rights or create confusion in the marketplace. It's a proactive measure to avoid future legal disputes and brand damage.

Law on Cultural Heritage

Law on Cultural Heritage

Law on Cultural Heritage

The 2024 Law on Cultural Heritage aims to improve regulations on the safeguarding and promotion of values of cultural heritage, decentralization and delegation of powers for state management of cultural heritage, and mechanisms and policies to promote mobilization of social resources

Why Trademark Opposition is a Must in Vietnam?

Why Trademark Opposition is a Must in Vietnam?

Why Trademark Opposition is a Must in Vietnam?

Many trademark owners might think that examiners at the Vietnam Intellectual Property Office (“VNIPO”) will automatically reject trademark applications that are strikingly similar to existing marks, but reality can differ surprisingly. The assumption that very similar trademarks, especially those registered for similar or related goods and services, will certainly be rejected is a common misconception. Due to unforeseen reasons during the examination process, even marks that appear confusingly similar can sometimes be granted protection.

Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

Does Trademark Registration In Vietnam Provide Immunity From Copyright Infringement?

Trademarks and copyrights – two concepts that may seem familiar, yet they harbor a wealth of legal complexities. Many mistakenly assume that obtaining a Trademark Registration Certificate grants them a "carte blanche" to use the logo without any further considerations. However, the reality is far from simple. In fact, it demonstrates that trademark registration and the issue of copyright infringement are two entirely distinct legal realms. KENFOX IP & Law Office analyzes the core differences, explores the points of intersection, and, in particular, elucidates why, even with a registered trademark, the potential for copyright infringement persists.

Law on Social Insurance

Law on Social Insurance

Law on Social Insurance

Set to come into force on July 1 this year, the Law on Social Insurance (the Law) introduces significant revisions with the aim of ensuring long-term social security for the people and increasing benefits of the insured.

Intellectual Property Collateral - Trademarks in Vietnam: Legal Analysis and Market Outlook

Intellectual Property Collateral - Trademarks in Vietnam: Legal Analysis and Market Outlook

Intellectual Property Collateral - Trademarks in Vietnam: Legal Analysis and Market Outlook

Vietnam is rapidly developing as a globally integrated and dynamic economy, making intellectual property (IP) increasingly vital, particularly in technology, e-commerce, and pharmaceuticals. With rising foreign investment, a critical legal question emerges: Can Vietnam's current laws effectively protect IP as collateral, allowing businesses and investors to utilize it as a financial instrument?   Although Vietnam's current law recognized IP as an asset that can be collateralized, there are significant legal loopholes caused by the absence of specific and comprehensive rules directly related to IP collateralization. Do these legal loopholes provide an opportunity to develop the IP collateral market, or do they, conversely, heighten the legal risk, creating challenges for investors, particularly foreign ones increasingly interested in securing loans with IP in Vietnam?

Common Grounds for Trademark Refusal in Vietnam: What are they?

Common Grounds for Trademark Refusal in Vietnam: What are they?

Common Grounds for Trademark Refusal in Vietnam: What are they?

Trademark applicants in Vietnam often face the risk of refusal, leading to wasted time and resources. However, many of these rejections are avoidable. Understanding the common grounds for trademark refusal in Vietnam – such as conflicts with existing trademarks, generic terms, or violations of public order and morality – enables applicants to proactively address potential issues. This proactive approach leads to more effective responses to challenges and, ultimately, a more efficient and successful trademark registration process.

Understanding Vietnam's Seaport Management Decrees: Key Requirements & Updates

Understanding Vietnam's Seaport Management Decrees: Key Requirements & Updates

Understanding Vietnam's Seaport Management Decrees: Key Requirements & Updates

Vietnam's seaport management system has evolved significantly in recent years, reflecting the country's growing maritime sector and its increasing importance in global trade. The regulatory framework governing seaport operations plays a crucial role in ensuring efficient, safe, and compliant port operations while facilitating international commerce.