Background A registered trademark in Vietnam which was a product label for instant noodles was subject to a request for cancellation for non-use. Under Article 95 of the Vietnam’s Intellectual Property Law, a trade mark registration may be cancelled at the request of a third party if the mark has not been used by its […]
Background: A European company is willing to establish a Joint Venture with a local partner in Vietnam where the investment in the capital will be composed of cash from the Vietnamese partner and know-how and cash from the European company. The European company has developed a specific know-how in treating and cleaning systems which enable to […]
Background: An Austrian SME operating in the sport industry, developed a new patentable technology to manufacture sports equipment and was also seeking for a Vietnamese manufacturer. The company was new to IP knowledge and patent application procedure, and therefore needed to understand the best patent application route to protect their product tailored to their needs […]
Background: A Dutch company used its trade mark ‘XXXX-LON’ registered in Vietnam for a wide range of products and services and it entered into a licensing contract with its subsidiary in Vietnam (the Subsidiary), whereby the Subsidiary is authorized to use the trade mark ‘XXXX-LON’ for steel frames and other steel products under Class 06. […]
Background: A German company, owner of a trade mark (“XXX”) protected in Vietnam since 1995 for uninterruptible power supplies, suspected that a consignment infringing its trade mark was being shipped to Hai Phong Port in Vietnam. The shipment contained a large amount of uninterruptible power supplies bearing the sign “XXX-UPS’’, imported by a local company […]
Abusing dominant position in the market: Case 1: In 2007 THP filed a complaint with the Vietnam Competition Authority (VCA) against Vietnam Brewery Limited (VBL) – a producer of Tiger and Heineken beer. THP alleged that VBL had abused its dominant position in the premium beer market in some big cities in Vietnam to deter […]
A recent court case has attracted significant public attention in Vietnam: Marvel Characters Inc., USA v. the Intellectual Property Office of Vietnam (IP Vietnam) over registration of the trademark “X-MEN & device” in the name of ICP, a Vietnamese company. Although it’s no surprise that the IP Vietnam won against Marvel, this case may still […]
Summary of the case: In 2018, PIA… & C. S.p.A. (“PIA”), the holder of Design Patent No. 20652 for protection of motorbike industrial design in Vietnam, filed a suit against a Vietnamese company named “DETECH Technology Development Supporting Joint Stock Company” (“DETECH”) for infringement over industrial design of “Motorbike” being protected for PIA in Vietnam […]
Download Summary of the case: O.S GmbH is a multinational lighting manufacturer headquartered in Munich, Germany (“the plaintiff”). The plaintiff is the owner of a series of OSRAM trademark for lighting apparatus, especially electric lamps and luminaires; parts of the aforesaid goods; light-emitting diode lamp modules, being protected in Vietnam. The plaintiff detected that two […]
Background: “ ” v. “ ” Dong Phuong Trading and Production Co., Ltd. (“Dong Phuong Company”), a Hanoi-based company, is the owner of the following trademark: Trademark: Classes: 07, 09 and 11 Registration No.: 107919 Registration date: 25/08/2008 Status: Registered, effective until 01/08/2027 Another entity, A Sanzo Vietnam Electronic JSC” (“A Sanzo Company”), […]
It can not be denied that overcoming refusal arising from conflicts with earlier mark(s) is not easy, especially when more than one grounds of rejection are raised. How to overcome multiple grounds of rejection against an applied-for trademark requires in-depth knowledge, expertise and experience from IP practitioners. Our firm has succeeded in a trademark case […]
Download How should you address to overcome a provisional refusal against an International Registration Designating Vietnam (“IRDV”)? What steps can be taken to ensure your trademark is protected in Vietnam? In recent years, international registration of trademarks designating Vietnam has increasingly preferred taking into account of the simple and convenient procedures that can save a […]
