Notes for Trademark Opposition and Cancellation Cases in Vietnam

Notes for Trademark Opposition and Cancellation Cases in Vietnam

Notes for Trademark Opposition and Cancellation Cases in Vietnam

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.

Protecting your IPR in Vietnam – A Guide to VIPRI's Services and Expertise

Protecting your IPR in Vietnam – A Guide to VIPRI's Services and Expertise

Protecting your IPR in Vietnam – A Guide to VIPRI's Services and Expertise

The Vietnam Intellectual Property Research Institute (VIPRI) is a research institution under the Ministry of Science and Technology that provides expert opinions on IP infringement cases concerning industrial property subject matters such as inventions, industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names, and geographical indications.

Trademark squatting – a concerning trend for the business owners in Vietnam

Trademark squatting – a concerning trend for the business owners in Vietnam

Trademark squatting – a concerning trend for the business owners in Vietnam

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.