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Assignment of trademarks – Current regulations and practice in Vietnam

Assignment of the industrial property rights to a trademark means the trademark owner transferring/assigning its ownership of the trademark to another person. Under the current IP Law of Vietnam, a trademark assignment must be made in writing, i.e. a trademark assignment agreement, which shall be effective only when it is recorded with the Intellectual Property […]

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Successful cancellation of trademark registrations for “KGC & device” and “CHEONG KWAN JANG & device”: CANCELLATION OF TRADEMARK REGISTRATIONS WHICH WERE FILED IN BAD FAITH

In 2017, after a “8-year fight”, D&N International successfully cancelled the validity of the three (3) trademark registrations for “KGC & device”, “CHEONG KWAN JANG & device” and “CHEON KWAN JANG in Chinese characters” in the name of Vietnam International Trade and Investment Corporation (“VIMATCORP”) for the reasons that the applications for registration of these […]

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Official notification on guidance of identifying the legal capacity of the signer on documents submitted to the Vietnam Intellectual Property Office (hereinafter referred to as “The Vietnam IPO”)

On 23 November 2020, the Vietnam IPO has issued the Notification No. 13822/TB-SHTT (referred to as “Notification No. 13822”) applying new regulations related to the person who can sign on documents submitted to the Vietnam IPO on behalf of the applicant. The main contents of the Notification focused on the new regulations applying to organizations, […]

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Trademark case “ENSHU”: Obtaining consent from the citied mark to overcome the NOIP’s refusal

Recently, D&N International, representing ENSHU Limited, Japan, has successfully overcome the NOIP’s refusal of registration of the trademark “” on the ground that it is confusingly similar to the trademark “ENSHU” (“The Cited Mark”), protected under the Registration No. 121449 in the name of ENSHU Vietnam Limited Company (“ENSHU Vietnam”). Facts ENSHU Limited, Japan (“ENSHU […]

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Response to the NOIP’s provisional refusal against the application for trademark “10-FLEX”: PROTECTION OF A TRADEMARK CREATED BY A SIMPLE NUMERAL AND A DESCRIPTIVE ELEMENT

Recently, D&N International has been successful in responding to the NOIP’s provisional refusal against the trademark “10-FLEX”. Significantly, in this case, the trademark is a simple combination of an indistinctive numeral and a descriptive element presented in a normal font which was considered lack of inherent distinctiveness. Facts TOZEN Corporation (a Japanese company) filed an […]

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Resolution No. 03/2017/NQ-HDTP on the publication of Court’s judgments and decisions

On March 16th, 2017, the Judicial Council of the Supreme People’s Court issued Resolution No. 03/2017/NQ-HDTP on the publication of Court’s judgments and decisions. According to this Resolution, the following Court’s judgments and decisions will be published on the Court’s web portal: (i) First-instance judgments which are not appealed; appellate judgments; cassation and retrial decisions […]

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Circular No. 16/TT-BTTTT: New regulations on assignment of domain names

On June 28, 2016 the Ministry of Information and Communications (“MIC”) promulgated Circular No. 16/TT-BTTTT (“Circular 16/2016”) providing guidance for assignment of domain names granted without auction. Circular 16/2016 is effective as of August 15, 2016 and has the following main contents: Condition for assignment of domain names Pursuant to Circular 16/2016, from August 15, […]

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Circular No. 04/2016/TT-BCT: Amending, supplementing a number of the ministry of industry and trade’s circulars on administrative procedures in the fields of e-commerce, chemicals, liquor production amd trading, commercial franchising, goods purchase and sale via goods exchanges, energy, food safety and electricity.

On June 06, 2016, the Ministry of Industry and Trade (MOIT) issued Circular No. 04/2016/TT-BCT (“Circular No. 04”) amending, supplementing a number of previous circulars of the MOIT, including, among others, Circular No. 09/2006/TT-BTM dated May 25, 2006 guiding procedure on registration of franchising activities in Vietnam. According to Circular 04, requirement as to form […]

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Circular 208/2016/TT-BTC: New regulations on fees and charges for national domain names “.vn”

On November 10, 2016, the Ministry of Finance (MOF) issued Circular No. 208/2016/TT-BTC (“Circular No. 208”) providing for the collection rates, regime of collection, payment, management and use of fees and charges for national domain names “.vn” and internet addresses (IP) of Vietnam. Circular No. 208 is effective as of January 01, 2017, replacing Circular […]

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Circular No. 211/2016/TT-BTC: New regulation on collection rates, regime of collection, payment, management and use of copyright fees

On November 10, 2016, the Ministry of Finance issued Circular No. 211/2016/TT-BTC (“Circular 211/2016”) providing for collection rates, regime of collection, payment, management and use of copyright fees. This Circular takes effect as of January 1, 2017 replacing Circular No. 29/2009/TT-BTC dated February 10, 2009 of the Ministry of Finance.   According to Circular 211/2016, the […]

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