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The “Elégance” Trademark Case: The NOIP’s current trend of citing prior marks to refuse registration

Recently, D&N International, on behalf of Albion Co., Ltd., Japan, (“Applicant”) has successfully overcome the NOIP’s provisional refusal to register the  trademark for goods in classes 03 and 21 (“Applied Mark”) on the ground that it is similar to the same mark for goods in classes 9, 14, 16, 18, 24, 25, & 26 (“Cited […]

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The “D&N” trademark case: Protection of trademark, which is just a combination of two simple letters

D&N International has recently succeeded in appealing against the NOIP’s refusal to protect the “D&N” trademark for services in classes 35, 36, 41, 42 & 45 in Vietnam. Of note, the mark in this appeal is just a combination of two simple alphabetic letters and the ampersand “&”, which are considered indistinctive. Facts D&N International […]

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“SKY” Trademark case: Trademark cancellation on the ground of non-use

Recently, D&N International has been successful in requesting non-use cancelation against validity of two trademark registrations, thus overcoming the NOIP’s refusal to protect an international trademark in Vietnam. The case, once again, has given trademark owners warning about the possibility of cancelation of validity of their trademark registrations due to non-use. Facts On May 28, […]

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“SYNCMASTER CLOUD” Trademark case: Importance of recordal of owner’s address change

Samsung Electronics Co., Ltd. (“Samsung”) received the Notification No. 2012/22/NDTT07 dated 23 May, 2013 from the National Office of Intellectual Property (“NOIP”) on provisional refusal on protection of the trademark “SYNCMASTER CLOUD” (“Applied-for Mark”) under the International Registration No.  1116814 as it is considered as confusingly similar to the trademark “Synmaster” (“Cited Mark”) being   protected […]

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Feature: Decree 99/2013/ND-CP on Sanctioning of Administrative Violations in the Field of Industrial Property

As previously reported by D&N International, Decree 99/2013/ND-CP («Decree 99») on Sanctioning of Administrative Violations in the Field of Industrial Property was issued on August 29, 2013 and came into effect as of October 15, 2013 replacing Decree 97/2010/ND-CP(«Decree 97») dated September 21, 2010. It is worth reminding that the Law on Handling of Administrative […]

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Vietnam Intellectual Property Law: A major milestone in its international integration process

On November 19, 2005 the National Assembly of Vietnam has enacted the Law on Intellectual Property (IP). This event has marked a major milestone in the country’s international integration process bringing its IP protection system closer to the world, where independent and separate IP laws are common. The IP law will come into effect as […]

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Protection of new varieties of plants under the Intellectual Property Law in Vietnam

Traditionally an agricultural country, Vietnam has got acquainted with issues relating to new plant variety protection since very recently. Although protection of intellectual property rights is garanteed by the Civil Code since 1995, the protection of new varieties of plants has been introduced for the first time much later in some under-law legal documents, namely […]

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Copyright protection in Vietnam under new legislation

Like many developing countries where the marketplace is dominated by piracy, Vietnam has yet to introduce and maintain an effective system of copyright protection. In the recent years, however, the country has made considerable international integration efforts in this field by joining the Berne Convention for the protection of litterary and artistic works in 2004 […]

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