Insights & Commentary
Legal Framework Proposal for the Acceptance of Letter of Consent in Trademark Registration in Vietnam
A pending question – How is LoC can be accepted by IPVN as evidence to exclude likelihood of confusion?
Critical commentary on redundancy of article 74.2(l) – IP Law of Vietnam
Article 74.2(l) reflects a well-intentioned but unnecessary provision
Patent No.14945, granted to Holdings Inc. (KR) invalidated at the request of Samsung Electronics Co., Ltd. (KR)
Grounds: Point b, Clause 1, Article 96 of the IP Law
A brief comparison of the handling trademark infringement and unfair competition in the field of industrial property
Grounds: Article 129, 130 IP Law; Article 3.6 of the Competition Law 2018
Invalidation request to trademark “KAIWO” rejected
Industrial property rights to trade names shall be established on the basis of the lawful use of those trade names, and for those trade names the procedures for registration with the NOIP is not required. While exercising the rights to and upon the settlement of a dispute over a trade name, the entity owning that trade name shall evidence his/her/its rights with proofs indicating the period of time, territory and field in which the trade name has been used by that entity. (Point 1.6 of Circular 01/2007/TT-BKHCN)
Successfully appealed, "HGC GLOBAL COMMUNICATIONS" is protected
Grounds: Article 74.2.(e), IP Law.
Successfully appealed, NEOGEN DERMALOGY accepted for registration
Grounds: Article 74.2. (e) and (c), IP Law
Successful appealed, "DERRICK STACK SIZER, design" accepted for registration
Grounds: Article 74.2.c, IP Law
Successfully appealed, "A Animal, design" still maintained protection as a whole with “Animal” protected separately.
In the IP Vietnam’s previous decision, now revoked, “A” and “Animal” were not protected separately.