Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how IP VIETNAM evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights.
The loss of a trademark can result in a loss of market access. Genuine products produced by the rightful trademark owner may turn out to be “counterfeits” if the trademark falls into the hands of a competitor. Furthermore, trademark speculators also exploit registered trademarks as a legal tool to undermine the true trademark owner. The following case serves as a typical example, highlighting the ongoing relevance and practical value, while also emphasizing the costly lesson for all business entities in Vietnam. Intellectual property theft and brand infringement are becoming increasingly sophisticated and complex.
Invalidation of patents (known as "patent invalidation”) is a legal procedure established in most countries with intellectual property (IP) protection laws, which allows a third party to challenge the validity of a patent. In Vietnam, this process involves submitting a request for invalidation of a specific patent to the Intellectual Property Office of Vietnam (IP VIETNAM) along with relevant supporting information and documents, subject to prescribed fees.
The e-commerce business has been creating great profits for businessmen. However, all businessmen must satisfy strict regulations and register with authorized agencies under the Government’s administration.
Foreign traders are allowed to establish branches or representative offices in Vietnam. However, what should the foreign trader choose to establish between a branch or a representative office?
The current situation that enterprises pay lower wages with the region-based minimum wage for employees is going on based on the employee’s unacknowledged understanding of labor laws. Enterprises shall receive a heavy penalty for this problem.
In order to calculate the payable export tax price, tax rate and export duty price must be known. In order to define the export duty price, it is necessary to know the principles and methods of customs valuation applicable to exported goods